Claimant v Little Inspirations Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the statutory qualifying period required under s.108 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 was employed by Little Inspirations Limited for less than two years and was dismissed. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal claim should be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under s.108 ERA 1996. The claimant was given an opportunity to provide reasons why it should not be struck out but failed to do so. The claimant's other complaints were not affected by this judgment.
Practical note
An unfair dismissal claim will be struck out where the claimant cannot demonstrate two years continuous employment, unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6002001/2025
- Decision date
- 3 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No