Outcome
Individual claims
The claim was struck out because the claimant had less than two years service, which is required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Miss Z Kerr was employed by Sarah Radford for less than two years. She brought a claim for unfair dismissal. The tribunal gave her an opportunity to provide reasons why her claim should not be struck out, but she failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant did not have the required two years continuous employment necessary to bring an ordinary unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant was unable to provide an acceptable reason to avoid the strike out.
Practical note
Claimants must have at least two years continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out unless there is an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 3306465/2024
- Decision date
- 20 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Sarah Radford
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No