Claimant v Fino Pizzeria & Chicchetti LTD
Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous service, which is the qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. 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 Harrison brought an unfair dismissal complaint against Fino Pizzeria & Chicchetti LTD. She had been employed by the respondent for less than two years. The judgment indicates there were other complaints that were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the requisite two years continuous service required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6007431/2024
- Decision date
- 14 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No