Claimant v Martin Ainscough Farms Ltd
Outcome
Individual claims
The claimant did not have the required 2 years' service to bring an unfair dismissal claim. After being given an opportunity to make representations, the claimant failed to respond or request a hearing, and the claim was struck out.
Facts
Miss Stone brought an unfair dismissal claim against her former employer Martin Ainscough Farms Ltd. The tribunal identified that the claimant did not have the requisite 2 years' service to bring such a claim. The tribunal wrote to the claimant on 25 July 2024 giving her an opportunity to make representations or request a hearing. The claimant failed to respond.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the required 2 years' qualifying service and failed to make any representations when given the opportunity to do so. The claimant's remaining claims were to continue to a hearing scheduled for 8 November 2024.
Practical note
Claimants must have 2 years' continuous service to bring an ordinary unfair dismissal claim, and failure to respond to tribunal correspondence can result in claims being struck out on paper without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2402800/2024
- Decision date
- 24 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- agriculture
- Represented
- No
Claimant representation
- Represented
- No