Unfair dismissal claim struck out due to insufficient service
A former employee of Yumilicious Ltd had their unfair dismissal claim struck out because they had worked there for less than two years. They were awarded £880 for unauthorised deductions from wages.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by Yumilicious Ltd for less than two years.
- The respondent failed to present a valid response to the claim on time.
- The unfair dismissal complaint was struck out due to insufficient service.
- The respondent made unauthorised deductions from the claimant's wages.
- The claimant was awarded £880.00 gross for the unauthorised deductions.
Timeline
-
Claim issued
Mr J Morris issued a claim in the London East Employment Tribunals.
-
Initial judgment
Employment Judge Lewis struck out the unfair dismissal complaint and ordered payment of £880.00 for unauthorised deductions.
-
Reconsideration application
The claimant applied to reconsider the judgment.
-
Reconsideration hearing
Employment Judge C Lewis confirmed the original judgment.
The legal issue
The tribunal had to decide whether the claimant had at least two years' continuous service to bring an unfair dismissal claim, and whether the respondent had made unauthorised deductions from wages.
The outcome
The tribunal struck out the unfair dismissal complaint because the claimant had been employed for less than two years, which is the minimum service required to bring such a claim under UK law.
However, the tribunal found that Yumilicious Ltd had made unauthorised deductions from the claimant's wages and ordered the company to pay £880.00 (gross), subject to tax and National Insurance deductions.
- Unfair dismissal: struck out
- Unauthorised deductions: £880.00 awarded
Lessons & takeaways
- Employees with less than two years' service generally cannot bring an unfair dismissal claim, unless the dismissal is for an automatically unfair reason such as whistleblowing or discrimination.
- Even if an employer fails to respond to a claim, the tribunal will still apply the law strictly – lack of service cannot be ignored.
- Unauthorised deductions from wages can be claimed regardless of length of service, so it is worth pursuing even if other claims fail.
- If you receive a tribunal claim, respond promptly – failing to do so can lead to a default judgment against you.
This case shows how the two-year service rule can be a hard barrier for unfair dismissal claims, even when the employer fails to defend itself. The claimant, a former employee of Yumilicious Ltd, issued a claim for unfair dismissal and unauthorised deductions. The company did not file a valid response in time, leading to a default judgment.
The two-year rule
Employment Judge Lewis struck out the unfair dismissal complaint because the claimant had worked for Yumilicious Ltd for less than two years. Under section 108 of the Employment Rights Act 1996, most employees need at least two years' continuous service to bring an unfair dismissal claim. The tribunal gave the claimant a chance to explain why the complaint should not be struck out, but no acceptable reason was provided.
Unauthorised deductions succeed
While the unfair dismissal claim failed, the tribunal found that Yumilicious Ltd had made unauthorised deductions from the claimant's wages. The company was ordered to pay £880.00 gross, though it may deduct tax and National Insurance before payment. This part of the claim did not require any minimum service period.
What this means for similar cases
For employees, this case is a reminder that the two-year qualifying period is strictly enforced. If you have less than two years' service, you cannot claim ordinary unfair dismissal – but you may still have other claims, such as for unauthorised deductions, discrimination, or automatically unfair reasons. For employers, even if you fail to respond to a claim, the tribunal will still apply the law correctly, but you risk a default judgment on any valid claims.
Similar cases
Pregnant employee wins £10,282 after employer fails to defend claims
A former employee has been awarded £10,282 after her employer, Heavenly Body Ltd, failed to attend hearings or respond to claims of unfair dismissal and pregnancy discrimination.
Default judgment for former employee who brought race discrimination and unfair dismissal claims
A former employee of Skins Laser Clinic Ltd won nearly £19,000 in compensation after the company failed to respond to her tribunal claim, leading to a default judgment for unfair dismissal and race discrimination.
Unfair dismissal claim struck out: the two-year service rule in action
A former employee's unfair dismissal claim against LQS Healthcare Services Ltd was struck out because they had worked there for less than two years, the minimum qualifying period under UK law.
Unfair dismissal claim struck out due to less than two years' service
A former employee's unfair dismissal claim was struck out because they had worked for the employer for less than two years. However, they won a small award for unpaid notice pay.