Claimant v Faith Home Care Limited
Outcome
Individual claims
The claim was struck out as having no reasonable prospect of success because the claimant did not have the required two-year qualifying period of employment to bring an ordinary unfair dismissal claim under Section 108 Employment Rights Act 1996.
Facts
The claimant brought an unfair dismissal claim against his former employer Faith Home Care Limited. The case proceeded to a preliminary hearing by video on 27 March 2025 where the respondent was represented by a litigation consultant and the claimant appeared in person. The tribunal examined whether the claimant had the requisite qualifying period of employment.
Decision
The tribunal struck out the unfair dismissal claim under Rule 38(1)(a) on the basis it had no reasonable prospect of success. The claimant lacked the required two-year qualifying period of continuous employment necessary to bring an ordinary unfair dismissal claim under Section 108 of the Employment Rights Act 1996.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this threshold can be struck out at a preliminary hearing as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6017238/2024
- Decision date
- 27 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No