Outcome
Individual claims
The claim was struck out because the claimant had less than 2 years' service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal complaint. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Miss Zielinska was employed by individual respondents Gavin Bailey and Mark Stott for less than two years. She brought a complaint of unfair dismissal. She was given an opportunity to explain why her claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996 and could not provide an acceptable reason why the claim should proceed despite this jurisdictional bar.
Practical note
Ordinary unfair dismissal claims require at least two years' continuous employment, and a claim lacking this qualifying service will be struck out unless there is an acceptable reason to proceed, such as an automatically unfair dismissal exception.
Legal authorities cited
Statutes
Case details
- Case number
- 2400083/2024
- Decision date
- 14 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Gavin Bailey
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No