Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the claim should not be struck out despite being given the opportunity to do so.
Facts
Dr A Rani brought an unfair dismissal claim against Nicola Meakin. The claimant was employed by the respondent for less than two years. The respondent appears to have been an individual employer. 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 did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant failed to provide any acceptable reason why the claim should proceed despite being given the opportunity to do so.
Practical note
A claimant must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6001065/2024
- Decision date
- 6 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Nicola Meakin
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No