Claimant v Daniel's Special Care Ltd
Outcome
Individual claims
Struck out because the claimant did not have 2 years continuous employment with the respondents, which is the statutory qualifying period for unfair dismissal claims. Claimant failed to make representations or request a hearing after being given the opportunity.
Struck out because the claimant did not have 2 years continuous employment with the respondents, which is the statutory qualifying period for redundancy pay claims. Claimant failed to make representations or request a hearing after being given the opportunity.
This claim remains active and will be listed for hearing in due course.
This claim remains active and will be listed for hearing in due course.
This claim remains active and will be listed for hearing in due course.
Facts
The claimant brought claims against two care companies including unfair dismissal, redundancy pay, breach of contract, holiday pay and wages. The tribunal wrote to the claimant on 15 November 2024 giving him an opportunity to make representations or request a hearing as to why the unfair dismissal and redundancy claims should not be struck out due to lacking two years continuous employment. The claimant failed to respond or request a hearing.
Decision
The tribunal struck out the unfair dismissal and redundancy claims because the claimant did not have the required two years continuous employment and failed to make any representations when given the opportunity. The remaining claims for breach of contract, holiday pay and wages remain active and will be listed for hearing.
Practical note
Claimants without two years service cannot pursue unfair dismissal or statutory redundancy claims, and failing to respond to tribunal notices inviting representations will result in strike-out of those claims.
Legal authorities cited
Statutes
Case details
- Case number
- 1401118/2024
- Decision date
- 23 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No