Outcome
Individual claims
The claimants did not have the requisite two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimants failed to provide an acceptable reason why the claim should not be struck out.
Facts
Two claimants, Miss M Teague and Miss C Timmins, brought unfair dismissal claims against their former employer Paul Casey. Both claimants had been employed for less than two years. The judgment notes that other complaints brought by the claimants remain unaffected by this strike-out.
Decision
The tribunal struck out the unfair dismissal claims on the basis that the claimants lacked the qualifying service period of two years required under section 108 of the Employment Rights Act 1996. The claimants were given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Employees must have at least two years' continuous service to bring an unfair dismissal claim unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 1403126/2024
- Decision date
- 7 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Paul Casey
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No