Claimant v Fireaway Clapham
Outcome
Individual claims
The claimant did not have the required two years continuous service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Todorov brought an unfair dismissal complaint against Fireaway Clapham. He was employed by the respondent for less than two years. The tribunal noted that the claimant also had another complaint which was not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2303074/2024
- Decision date
- 14 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Fireaway Clapham
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No