Cases6013361/2024

Claimant v Bevancare Ltd

25 February 2025Before Employment Judge Mark Butleron papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant did not have the sufficient two years' service required to bring a claim for unfair dismissal. The claimant failed to make representations or request a hearing in response to the tribunal's letter dated 6th December 2024.

Facts

Miss Greenwood brought a claim for unfair dismissal against Bevancare Ltd. The tribunal identified that the claimant did not have the required two years' continuous service to bring an ordinary unfair dismissal claim. The tribunal wrote to the claimant on 6th December 2024 giving her an opportunity to make representations or request a hearing as to why the claim should not be struck out.

Decision

The tribunal struck out the unfair dismissal claim because the claimant lacked the qualifying two years' service required under the Employment Rights Act 1996. The claimant failed to respond to the tribunal's letter or make any representations. The claimant's remaining claims continue and are listed for hearing on 25th February 2025.

Practical note

Claimants must have two years' continuous service to bring an ordinary unfair dismissal claim, and failure to respond to tribunal correspondence requesting representations can result in strike-out.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6013361/2024
Decision date
25 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No