Marks and Spencer plc

Case Summary

The claimant brought an unfair dismissal claim against Marks and Spencer plc. The tribunal struck out the claim on the basis that the claimant had less than 2 years continuous service, which is a statutory prerequisite for unfair dismissal claims under employment law.

The claimant lacked the required 2 years continuous service to bring an unfair dismissal claim, and therefore the claim was struck out as the tribunal lacked jurisdiction to hear it.

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• •Continuous service requirement for unfair dismissal claim

EMPLOYMENT TRIBUNALS Claimant: Miss Tracey Gale Respondent: Marks and Spencer PLC JUDGMENT 1. The claimant has less than 2 years continuous service and consequently the unfair dismissal claim is struck out. Approved by: Employment Judge Alliott Date approved: 7 May 2026 JUDGMENT SENT TO THE PARTIES ON 11 May 2026 FOR THE TRIBUNAL OFFICE Notes All judgments (apart from judgments under Rule 51) and any full written reasons for the judgments are published, in full, online at https://www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here: www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation- practice-directions/