Claimant v Dumbledore Dental Care Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore does not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant Marjan Shahabi brought an unfair dismissal complaint against Dumbledore Dental Care Limited. The claimant was employed by the respondent for less than two years. The judgment indicates the claimant had other complaints that were not affected by this strike out. 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 complaint on the basis that the claimant did not meet the statutory two-year qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
An unfair dismissal claim will be struck out where the claimant has less than two years' service and cannot establish an exception to the qualifying period.
Legal authorities cited
Statutes
Case details
- Case number
- 6012382/2024
- Decision date
- 13 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No