Claimant v Drive DeVilbiss Healthcare Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out.
The claimant failed to attend the case management hearing on 19 December 2024 and was given until 17 January 2025 to explain her non-attendance and confirm she wished to pursue her claim. She failed to do so, resulting in the claim being struck out for non-pursuit.
Facts
Mrs Griffiths brought claims of unfair dismissal and disability discrimination against Drive DeVilbiss Healthcare Limited. She was employed for less than two years. She failed to attend the case management hearing scheduled for 19 December 2024 and did not respond to the tribunal's deadline of 17 January 2025 to explain her absence or confirm her intention to pursue the claims.
Decision
The tribunal struck out both claims. The unfair dismissal claim was struck out because the claimant lacked the required two years' qualifying service under section 108 ERA 1996 and failed to provide an acceptable reason why it should not be struck out. The disability discrimination claim was struck out for non-pursuit after the claimant failed to attend the hearing or respond to the tribunal's order.
Practical note
Unrepresented claimants must engage with tribunal procedures and understand basic qualifying requirements such as the two-year service threshold for ordinary unfair dismissal claims, or risk strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 2402204/2024
- Decision date
- 25 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No