Outcome
Individual claims
The claim was struck out because the claimant did not have the statutory minimum of two years continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was given an opportunity to provide a reason why the complaint should not be struck out but failed to give an acceptable reason.
Facts
Payal Arora brought an unfair dismissal claim against Campana Ltd. The claimant had been employed by the respondent for less than two years. The tribunal gave the claimant an opportunity to explain why the claim should not be struck out, but the claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory requirement of two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to show cause but failed to do so.
Practical note
Unfair dismissal claims require two years continuous service as a statutory qualifying threshold, and claims brought without this minimum service will be struck out unless an exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6020182/2024
- Decision date
- 26 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Campana Ltd
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No