Claimant v Head Liners Recruitment Ltd
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years service to make an unfair dismissal claim under section 108 of the Employment Rights Act 1996. The claimant failed to make representations or request a hearing after being given the opportunity to do so.
Facts
The claimant brought an unfair dismissal claim against her employer, a recruitment company. 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 15 August 2024 giving her an opportunity to make representations or request a hearing. The claimant failed to respond or make sufficient representations.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant lacked the two years qualifying service required under section 108 of the Employment Rights Act 1996, and failed to make representations when given the opportunity. The claimant's other claims remain unaffected and are listed for a case management hearing in February 2025.
Practical note
Claimants must have two years continuous service to bring ordinary unfair dismissal claims, and should respond to tribunal correspondence about potential jurisdictional issues to avoid strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 1401311/2024
- Decision date
- 11 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No