Outcome
Individual claims
The claimant did not have the required two years continuous service under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was employed for less than two years and failed to give an acceptable reason why the complaint should not be struck out.
Facts
Miss K George brought a claim for unfair dismissal against SpyroSoft UK. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant has other complaints not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous employment to bring such a claim under s.108 ERA 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Practical note
Unfair dismissal claims require two years continuous service, and claims brought without this qualifying period will be struck out unless the claim falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6008572/2024
- Decision date
- 20 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- SpyroSoft UK
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No