Unfair dismissal claim struck out due to insufficient service, but other claims succeed
A former employee's unfair dismissal claim was struck out because they had not worked for two years, but the tribunal awarded £2,580.16 for unauthorised deductions and breach of contract.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was not employed for two years, so the unfair dismissal claim was struck out.
- The respondent failed to present a valid response to the claim.
- The respondent made unauthorised deductions from the claimant's wages of £448.00 gross.
- The claimant was dismissed in breach of contract and awarded £2,132.16 in damages.
- The total award was £2,580.16.
Timeline
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Claim issued
The claim was issued in the London South Employment Tribunal.
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Strike out warning
The tribunal gave the claimant an opportunity to make representations as to why the unfair dismissal complaint should not be struck out due to insufficient service.
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Unfair dismissal struck out
Employment Judge Corrigan struck out the unfair dismissal complaint because the claimant failed to make sufficient representations.
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Judgment on remaining claims
Employment Judge Wright ruled that the respondent made unauthorised deductions and breached contract, awarding £2,580.16.
The legal issue
The tribunal had to decide whether the employee had sufficient service to bring an unfair dismissal claim, and whether the employer made unauthorised deductions from wages and breached the contract of employment.
The outcome
The tribunal struck out the unfair dismissal complaint because the employee had not been employed for two years, which is the minimum qualifying period for such a claim. The employee failed to respond to a warning letter about this issue.
The tribunal also ruled on the remaining claims. The employer, Just One Body, failed to submit a valid response to the claim, so the tribunal made a default judgment on the other complaints. It found that the employer made unauthorised deductions of £448.00 from wages and dismissed the employee in breach of contract, awarding damages of £2,132.16.
Compensation:
- Unauthorised deductions: £448.00
- Breach of contract damages: £2,132.16
- Total award: £2,580.16
Lessons & takeaways
- You generally need two years' continuous service to bring an unfair dismissal claim in England and Wales.
- If the tribunal asks for representations on a strike-out application, respond promptly or risk losing the claim.
- Even if your unfair dismissal claim fails, you may still have other claims like unauthorised deductions or breach of contract.
- Employers who fail to respond to a claim risk a default judgment against them.
This case shows how important it is to understand the eligibility rules for employment tribunal claims. The former employee brought a claim of unfair dismissal against Just One Body, but the tribunal struck it out because they had not been employed for two years. This is a strict legal requirement: most employees need at least two years' continuous service to bring an unfair dismissal claim, unless the dismissal is for an automatically unfair reason.
What went wrong
The tribunal gave the employee a chance to explain why the unfair dismissal claim should not be struck out, but they did not provide any sufficient representations. As a result, that part of the claim was dismissed without a hearing. However, the employee had also brought claims for unauthorised deductions from wages and breach of contract. Because the employer failed to submit a valid response to the claim, the tribunal made a default judgment on these issues.
What the employer could have done differently
Just One Body did not engage with the tribunal process at all. If they had responded, they might have been able to contest the amount of the deductions or the breach of contract claim. By failing to respond, they left the tribunal to decide based on the employee's version of events, resulting in an award of £2,580.16.
Why this matters
This case is a reminder that employment rights are not automatic. The two-year qualifying period for unfair dismissal is a common hurdle, and employees should check their service length before bringing a claim. It also shows that even if one claim fails, other claims like breach of contract or unlawful deductions can still succeed. For employers, ignoring tribunal proceedings is almost always a bad idea—it can lead to a default judgment and a potentially higher award.
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