Claimant v Retail Technology Services Ltd
Outcome
Individual claims
The claim was struck out under Rule 38(1)(a) as having no reasonable prospect of success because the claimant was employed for less than two years, which is below the qualifying period required for ordinary unfair dismissal claims. The claimant failed to make sufficient representations as to why the claim should not be struck out.
Facts
The claimant brought a complaint of unfair dismissal against their former employer. The tribunal wrote to the claimant on 7 January 2025 giving them an opportunity to make representations or request a hearing as to why the unfair dismissal claim should not be struck out, noting that the claimant was employed for less than two years. The claimant did not respond adequately to this letter.
Decision
The tribunal struck out the unfair dismissal complaint under Rule 38(1)(a) on the basis it had no reasonable prospect of success because the claimant had less than two years' service and therefore did not meet the qualifying period. The judgment notes that other complaints brought by the claimant are not affected by this strike out.
Practical note
Unfair dismissal claims require two years' continuous employment except in automatically unfair dismissal cases, and claims lacking this qualifying service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6016060/2024
- Decision date
- 19 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No