London Clubs Management Ltd

Case Summary

The claimant's claim for ordinary unfair dismissal was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 as having no reasonable prospect of success. The tribunal found that, based on the dates of employment provided in the ET1 form, the claimant did not have the required two years' qualifying service to bring such a claim. The claimant acknowledged this deficiency at the hearing.

The claim was struck out because the claimant did not have sufficient qualifying service to bring a claim for ordinary unfair dismissal under section 98 of the Employment Rights Act 1996, which requires two years' service. The claimant accepted this position at the hearing.

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• •Whether the claimant had sufficient qualifying service to bring a claim for ordinary unfair dismissal under section 98 of the Employment Rights Act 1996

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge McFatridge M P J VusulaClaimant In person London Clubs Management LtdRespondent Represented by: Mr MacNaughton, Solicitor JUDGMENT The part of the claim for ordinary unfair dismissal in terms of section 98 of the Employment Rights Act is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that it has no reasonable prospect of success. REASONS 1. On the basis of the dates of employment given in her ET1 the claimant did not have sufficient qualifying service to bring a claim of unfair dismissal in terms of s98 of the Employment Rights Act 1996 (ordinary unfair dismissal) 2. At the hearing on 15 th April 2026 I gave the claimant a reasonable opportunity to make representations as to why this part of the claim should not be struck out as having no reasonable prospect of success 3. The claimant accepted that she did not have sufficient qualifying service for this type of claim albeit she is bringing other claims which do not have the requirement for two years qualifying service. 4. In all the circumstances I considered that the claim for ordinary unfair dismissal in terms of section 98 of the Employment Rights Act 1996 had no reasonable prospect of success and should be struck out. Date sent to parties_____________________________ 17 April 2026