Unfair dismissal claim struck out: the two-year service rule in action
A former employee with less than two years' service had her unfair dismissal complaint struck out by the tribunal. Other discrimination claims remain pending.
1 min read · Last updated 19 May 2026
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant ticked boxes for unfair dismissal, age discrimination, race discrimination, matrimonial and civil partnership discrimination, holiday pay and other payments.
- The claimant withdrew her indirect discrimination claim, matrimonial/civil partnership discrimination claim, and ordinary unfair dismissal claim.
- The claimant did not have two years' service required for an unfair dismissal complaint.
- The claimant's age discrimination complaint was listed for a preliminary hearing to consider strike out or deposit order.
Timeline
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Initial judgment striking out unfair dismissal claim
Employment Judge Wedderspoon struck out the unfair dismissal complaint because the claimant had less than two years' service.
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Case management hearing
Employment Judge Hughes held a hearing by CVP. The claimant withdrew indirect discrimination, matrimonial/civil partnership discrimination, and ordinary unfair dismissal claims.
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Judgment on withdrawal and correction
A judgment was made dismissing the withdrawn claims. Later corrected to reflect the correct claims dismissed.
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Certificate of correction issued
Employment Judge Hughes issued a certificate correcting the earlier judgment to dismiss matrimonial/civil partnership discrimination instead of pregnancy/maternity discrimination.
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Preliminary hearing listed for age discrimination claim
A public preliminary hearing was listed to consider whether the age discrimination complaint should be struck out or a deposit ordered.
The legal issue
Whether the claimant had sufficient service (two years) to bring an unfair dismissal claim, and whether the remaining discrimination claims had reasonable prospects of success.
The outcome
The employment tribunal struck out the claimant's unfair dismissal complaint at a preliminary stage because she had been employed for less than two years, which is the minimum service requirement under UK law.
Key reasons:
- The claimant did not meet the two-year service requirement for unfair dismissal claims.
- The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
- The tribunal also noted that the claimant had withdrawn several other claims, including indirect discrimination and matrimonial/civil partnership discrimination, leaving only an age discrimination claim still active.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Check your length of service before bringing an unfair dismissal claim — you need at least two years' continuous employment unless the dismissal is for an automatically unfair reason.
- If you have less than two years' service, consider whether you might have a discrimination claim instead, which does not require a minimum service period.
- Be prepared to explain why your claim should not be struck out if the tribunal raises jurisdictional issues — failing to do so can result in immediate dismissal of your case.
- Withdrawing claims at a hearing may still result in a formal dismissal judgment, which could affect your ability to bring similar claims in the future.
This case illustrates a fundamental hurdle in UK employment law: the two-year service requirement for ordinary unfair dismissal claims. The claimant, who worked for Baxi Heating UK Ltd for less than two years, ticked the unfair dismissal box on her claim form. At a preliminary hearing, the tribunal struck out that complaint because she did not meet the statutory qualifying period.
What the tribunal did
Employment Judge Wedderspoon struck out the unfair dismissal claim under section 108 of the Employment Rights Act 1996. The claimant was given a chance to argue why the claim should proceed but did not provide an acceptable reason. The judge noted that the other complaints — including age discrimination — were not affected by this decision.
At a later case management hearing, the claimant withdrew several other claims, including indirect discrimination and matrimonial/civil partnership discrimination. The tribunal dismissed those on withdrawal. A certificate of correction was later issued to fix a clerical error in the judgment.
What Baxi Heating could have done differently
While the employer successfully defended the unfair dismissal claim on jurisdictional grounds, the case highlights the importance of early case analysis. The respondent could have applied to strike out the unfair dismissal claim sooner, potentially saving time and costs. However, the remaining age discrimination claim is still pending, so the case is not fully resolved.
Why this matters for similar claims
The two-year service rule is a strict legal requirement. Employees with less than two years' service cannot bring an ordinary unfair dismissal claim unless the dismissal is for an automatically unfair reason (e.g., whistleblowing, pregnancy, or asserting a statutory right). This case is a reminder to check your service length before bringing a claim and to consider whether discrimination or other claims might be available instead.
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