Claimant v Yo! Sushi, Snowfox group
Outcome
Individual claims
Claimant did not have the required two years' continuous service under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant M Kruszewska was employed by Yo! Sushi, Snowfox group for less than two years. Following dismissal, the claimant brought an unfair dismissal claim. The tribunal noted that the claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the required two years' continuous service under s.108 Employment Rights Act 1996. Having been given an opportunity to explain why the claim should proceed, the claimant failed to provide an acceptable reason.
Practical note
An ordinary unfair dismissal claim cannot proceed without two years' continuous service, and claimants must provide compelling reasons if arguing for an exception to jurisdictional requirements.
Legal authorities cited
Statutes
Case details
- Case number
- 6011624/2024
- Decision date
- 16 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No