Claimant v Foundation Coffee House Limited
Outcome
Individual claims
The claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Foundation Coffee House Limited for less than two years. She brought a complaint of unfair dismissal along with other complaints. The tribunal struck out the unfair dismissal claim on the basis that she did not meet the statutory two-year service requirement under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' continuous service as required by section 108 ERA 1996. The claimant was given the opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason. Her other complaints remain unaffected.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls into an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6014186/2024
- Decision date
- 24 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No