Claimant v Sullivan Bus and Coach Company Limited (In Voluntary Creditors' Liquidation)
Outcome
Individual claims
The claimant was employed by the First Respondent for less than two years and did not meet the qualifying service requirement under Section 108 of the Employment Rights Act 1996. The claimant failed to make representations or request a hearing as to why the complaint should not be struck out.
Facts
Miss Anderson brought an unfair dismissal claim against Sullivan Bus and Coach Company Limited (in liquidation) and the Secretary of State. The claimant had been employed for less than two years. The tribunal issued a letter on 26 November 2024 inviting representations as to why the unfair dismissal claim should not be struck out due to insufficient qualifying service. The claimant failed to respond or request a hearing.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under Section 108 ERA 1996. The claimant failed to make any representations or request a hearing when given the opportunity. The claimant's other complaints remain unaffected by this judgment.
Practical note
An unfair dismissal claim will be struck out where the claimant lacks the mandatory two-year qualifying service and fails to respond to a tribunal's invitation to explain why the claim should not be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2310197/2024
- Decision date
- 29 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No