Claimant v Fresh Wholesale Ltd
Outcome
Individual claims
The claimant did not have the qualifying two years' service required by s.108 ERA 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant Mr I Bancroft was employed by Fresh Wholesale Ltd for less than two years before his dismissal. He brought a claim for unfair dismissal. The judgment indicates the claimant had other complaints beyond unfair dismissal that were not affected by this decision.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the necessary two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years' qualifying service except in specific automatic unfair dismissal circumstances, and claims lacking this will be struck out at an early stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6012185/2024
- Decision date
- 16 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No