Outcome
Individual claims
The claimant had less than two years continuous service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant A Phipps brought an unfair dismissal claim against their employer 13spiders ltd. The claimant had been employed for less than two years at the time of dismissal. The judgment notes that the claimant has other complaints pending that are not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the two-year qualifying service requirement 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.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal falls within an automatically unfair category, and claims lacking qualifying service will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6021824/2024
- Decision date
- 24 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- 13spiders ltd
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No