M Rahman v Department of Work and Pensions: 3201117/2025
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 10 February 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying section 108 of the Employment Rights Act 1996 that the claimant did not have the necessary 2 years’ of employment to bring an unfair dismissal claim.[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied. Although the Claimant did reply to the Respondent’s application for a strike out partly on the same basis. He gave no reason that shows there is power to hear his claim when he did not have the necessary qualifying service.[3]I am satisfied that the grounds for striking out the claim under Rule 38 apply, in that the Claimant on his own case did not have 2 complete years’ of employment and therefore does not have the right to bring a claim of unfair dismissal and therefore there are no reasonable prospects of success.[4]The claim is therefore struck out.[5]The hearing on 7 December 2026 will not take place. Approved by: