Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service, which is required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Mrs Samuel was employed by Oliver Bonas, a retail company, for less than two years before her employment ended. She brought a complaint of unfair dismissal along with other complaints not specified in this judgment. The tribunal considered whether she had the qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service 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 give an acceptable reason. Other complaints remain unaffected.
Practical note
An unfair dismissal claim will be struck out at a preliminary stage if the claimant lacks the statutory two-year qualifying period of service, unless there are grounds for automatic unfair dismissal which do not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2311721/2024
- Decision date
- 26 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Oliver Bonas
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No