Customer service advisor with 10 days' service has unfair dismissal claim struck out

This case shows the importance of understanding the legal requirements for bringing employment claims. The claimant, a customer service advisor, was dismissed after only 10 days of employment. He brought claims for unfair dismissal and discrimination, but the tribunal struck them out before they could proceed.

The short-service trap

Under UK law, most employees need two years' continuous service to claim unfair dismissal. With just 10 days' service, the claimant could not meet this threshold. The tribunal had no choice but to strike out that claim. This is a common pitfall for workers who assume any dismissal can be challenged.

Discrimination claims require evidence

The claimant also alleged sex and sexual orientation discrimination. However, the respondent's evidence showed the dismissal was due to concerns about the claimant's treatment of women and his failure to follow a management instruction. The tribunal found no basis to suggest that a female employee in the same position would have been treated differently. The discrimination claims were struck out as having no reasonable prospect of success.

The importance of engaging with the process

The claimant did not attend the preliminary hearing. He sent emails asking if he could cancel the case and making derogatory slurs. The tribunal noted this as a failure to actively pursue the claims, providing an additional ground to strike them out.

What this means for similar cases

This case is a reminder that employment rights are not automatic. Employees should check their qualifying service before bringing an unfair dismissal claim. For discrimination claims, there must be a credible basis for the allegation. And once a claim is lodged, it must be pursued diligently — ignoring hearings or sending abusive messages can lead to strike-out without any consideration of the merits.