K Sherwin v PAB Coventry Ltd: 6046346/2025
JUDGMENT
The claimant’s whole claim, which consists of a complaint that she was unfairly dismissed, is struck out.REASONS
[1]The only complaint the claimant is making in her claim form of 14 December 2025 is a complaint of unfair dismissal. I [Employment Judge Camp] have considered her claim form, and I do not think she is making any other complaint.[2]Section 108 of the Employment Rights Act 1996 (“ERA”) requires a claimant to have not less than two years’ service to make an unfair dismissal complaint in most circumstances.[3]The situations in which this ‘two years’ service rule’ does not apply are comprehensively set out in ERA section 108(3). The claimant does not allege she was in any of the situations set out in that section.[4]This means the claimant is not entitled to bring an unfair dismissal complaint, and an unfair dismissal complaint is all her claim consists of.[5]The claimant was warned by a letter of 12 March 2026 that the Tribunal was proposing to strike out her claim. She was given until 26 March 2026 to reply and no reply had been received by 9 am on 22 May 2026.[6]The claim is therefore struck out, on the basis that it has no reasonable prospects of success and that it would be contrary to rule 3 of the ET Procedure Rules 2024 to allow a claim that was bound to fail to continue. Approved by