Outcome
Individual claims
The claimant was employed for less than two years and therefore does not meet the statutory qualifying period 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.
Facts
The claimant L Gebray was employed by Digby's Patisserie Ltd for less than two years before dismissal. The claimant brought an unfair dismissal complaint and other unspecified complaints. The respondent appears to be a patisserie business in the hospitality sector.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain live and were not affected by this judgment.
Practical note
Unfair dismissal claims require two years qualifying service unless they fall into specific automatically unfair categories, and this threshold requirement will result in strike-out where not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6016093/2024
- Decision date
- 4 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No