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 periodThe 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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Case Details
- Case No.
- 6048483/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 10 April 2026
- Published
- 11 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks-Bowyer
Registered Company
- Company name
- SOUTH CLIFF LIMITED
- Company number
- 07959466
- Industry
- Healthcare & Social Care
- Status
- active