Miss K Coleman v Windsar Care Ltd: 6037523/2025
JUDGMENT
[1]The claim of unfair dismissal is struck out pursuant to rule 38(1)(a) Employment Tribunal Rules 2024.REASONS
[2]The claimant was employed for less than two years.[3]Section 108 Employment Rights Act 1996 requires a claimant to be employed for at least two years be eligible to make a claim for ordinary unfair dismissal.[4]The Tribunal sent the claimant a strike out warning on 19 December 2025 about this issue. The claimant replied on 2 January 2026. The claimant stated in the reply that she understood that she needed to be employed for two years or more to make a claim of unfair dismissal. The claimant’s claim appears to have been pursued on the misunderstanding that a claim of constructive unfair dismissal does not have the same two-year service requirement. This is incorrect. A claim of constructive unfair dismissal has the same service requirement.[5]The claimant’s claim of constructive unfair dismissal therefore has no reasonable prospects of success.[6]The claimant’s claim of breach of contract, about her notice pay, does not have the same service requirement and will therefore proceed to a final hearing for determination. Approved by: