6048483/2025Partial success

South Cliff Ltd

10 April 2026·Employment Tribunal·England & Wales·Employment Judge Fredericks-Bowyer

Respondent

South Cliff Ltd

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Decision date

10 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Fredericks-Bowyer

Case Summary

The claimant's complaint of unfair dismissal was struck out because she lacked the required 2 years' continuous service under s108 Employment Rights Act 1996. The claimant's alternative claim of wrongful dismissal (failure to pay notice pay) was permitted to continue and scheduled for hearing on 12 April 2028.

Why this outcome?

No qualifying employment period

The claimant lacked the standing to bring an unfair dismissal claim because she did not have at least 2 years' continuous service as required by s108 Employment Rights Act 1996. No application was made to include an automatic unfair dismissal complaint, and none could be fairly read from the pleadings.

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Key Issues

  • Whether claimant has 2 years' continuous service required for unfair dismissal claim
  • Whether claim constitutes automatic unfair dismissal
  • Wrongful dismissal claim (failure to pay notice pay)

Original published judgment

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