Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years continuous service 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 despite being given the opportunity to do so.
Facts
The claimant brought an unfair dismissal claim against SQS. The claimant was employed by the respondent for less than two years. The tribunal invited the claimant to provide reasons why the complaint should not be struck out due to insufficient qualifying service, but no acceptable reason was provided.
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 claim under section 108 of the Employment Rights Act 1996. Despite being given an opportunity to explain why the claim should proceed, the claimant failed to provide an acceptable reason.
Practical note
Ordinary unfair dismissal claims require two years continuous service and will be struck out at the preliminary stage if this qualifying period is not met and no automatic unfairness exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6015224/2024
- Decision date
- 10 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- SQS
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No