South Cliff Ltd

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.

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.

• •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)

1 of 1 EMPLOYMENT TRIBUNALS Claimant: Respondent Rosemi Thekkeyil v South Cliff Limited On the papers On: 10 April 2026 Before: Employment Judge Fredericks-Bowyer STRIKE OUT The complaint of unfair dismissal is struck out because the claimant does not have at least 2 years’ continuous service as required by s108 Employment Rights Act 1996. REASONS 1. The claimant has no standing to bring this claim and so it must be struck out. 2. The claimant was given the opportunity to object to the strike out, and did so. In reply, the claimant says that the claim is about wrongful dismissal and possibly automatic unfair dismissal. 3. The case as pleaded is not about automatic unfair dismissal. No such allegation can be fairly read from the pleadings. There is no application to include such a complaint. 4. The claim of wrongful dismissal (failure to pay notice pay) continues and is not struck out. That claim will be heard over a reduced one day final hearing on 12 April 2028 Employment Judge Fredericks-Bowyer Dated: 10 April 2026