Claimant v National Windscreens
Outcome
Individual claims
The claimant had less than two years' service and failed to give an acceptable reason why the claim should not be struck out under section 108 of the Employment Rights Act 1996, which requires not less than two years' service for an unfair dismissal complaint.
Facts
Miss Ella Brandrick brought a claim for unfair dismissal against National Windscreens. She was employed by the respondent for less than two years. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
Employment Judge Meichen struck out the claim in its entirety because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996 and could not demonstrate that any of the exceptions applied. The respondent was not required to present a response.
Practical note
Unfair dismissal claims require two years' qualifying service unless an exception applies, and claims lacking this basic jurisdictional requirement will be struck out at an early stage without requiring a defence from the employer.
Legal authorities cited
Statutes
Case details
- Case number
- 6022358/2024
- Decision date
- 21 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No