Outcome
Individual claims
The claim was struck out because the claimant did not have the requisite two years' service required by section 108 of the Employment Rights Act 1996. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant E Agbor brought a claim for unfair dismissal against their employer Rendall and Rittner. The claimant had been employed for less than two years before the termination of employment. The tribunal considered whether the claim should be struck out due to lack of qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the two-year qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
An unfair dismissal claim will be struck out if the claimant does not have at least two years' continuous service, and this procedural requirement is strictly applied unless there is an exception such as automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6018437/2024
- Decision date
- 31 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No