Claimant v Velox Healthcare Ltd
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years continuous service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996. The claimant failed to make representations or request a hearing after being given the opportunity to do so.
Facts
Miss Rooke was dismissed by Velox Healthcare Ltd but did not have two years continuous service. She brought an unfair dismissal claim along with other unspecified claims. The tribunal wrote to her on 3 March 2025 inviting representations as to why the unfair dismissal claim should not be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the required two years continuous service under section 108 ERA 1996. The claimant failed to make representations or request a hearing after being given the opportunity. Her other claims remain unaffected and are listed for a case management hearing.
Practical note
A claimant must have two years continuous service to bring an ordinary unfair dismissal claim, and failure to respond to tribunal directions inviting representations on a strike-out will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6014544/2024
- Decision date
- 25 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No