Claimant v Alamgir Traditional Cuisine Ltd
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is 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.
Facts
The claimant was employed by Alamgir Traditional Cuisine Ltd for less than two years. The claimant brought a complaint of unfair dismissal along with other complaints not specified in this judgment. The tribunal noted that the claimant had been given the opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not meet the two-year qualifying service requirement under Section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in the claim being struck out regardless of its merits.
Legal authorities cited
Statutes
Case details
- Case number
- 1311314/2024
- Decision date
- 12 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No