Outcome
Individual claims
The claimant did not have the requisite two years' service required by s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Facts
The claimant P Codner was employed by Webhelp for less than two years and brought two claims of unfair dismissal. On 3 September 2024, the tribunal wrote to the claimant giving an opportunity to explain why the claims should not be struck out due to insufficient qualifying service. The claimant failed to provide an acceptable reason.
Decision
The tribunal struck out both unfair dismissal claims because the claimant did not have the minimum two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to respond but failed to provide an acceptable reason why the claims should proceed.
Practical note
Unfair dismissal claims will be struck out where the claimant lacks the qualifying two years' service, even if the claimant is given an opportunity to explain why the claim should proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2306615/2024
- Decision date
- 6 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Webhelp
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No