Claimant v Inn In the Park (Maggie Dale)
Outcome
Individual claims
The claimant had less than two years continuous service. Under section 108 of the Employment Rights Act 1996, a minimum of two years service is required to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Marques brought a claim for unfair dismissal against Inn In the Park, a hospitality business operated by Maggie Dale. He had been employed for less than two years. The tribunal determined that he did not meet the statutory qualifying period required to bring an unfair dismissal claim. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant lacked the requisite two years continuous employment required by section 108 of the Employment Rights Act 1996. The judgment notes that other complaints brought by the claimant were not affected by this decision.
Practical note
The two-year qualifying period for ordinary unfair dismissal claims remains a strict jurisdictional bar, and claimants without sufficient service must pursue alternative claims such as automatic unfair dismissal or discrimination.
Legal authorities cited
Statutes
Case details
- Case number
- 6001509/2024
- Decision date
- 28 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No