Outcome
Individual claims
The claimant had less than two years continuous service as required by section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Miss Mumford was employed by Boots for less than two years. She brought a claim for unfair dismissal along with other complaints. The tribunal noted that she lacked the required qualifying service period for an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under 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 do so. Other complaints were unaffected.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim unless it falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 3313360/2023
- Decision date
- 15 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Boots
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No