Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is the statutory qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. 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
Ms L Gunn brought a complaint of unfair dismissal against J&B Hopkins. She was employed by the respondent for less than two years. The judgment notes that the claimant has other complaints against the respondent which are not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
An unfair dismissal claim will be struck out where the claimant lacks the two-year qualifying service period, unless the dismissal falls within one of the automatically unfair categories that do not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6017017/2024
- Decision date
- 3 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- J&B Hopkins
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No