Claims struck out after employee with under two years' service fails to attend hearing
A former employee's unfair dismissal and redundancy claims were struck out because she had less than two years' service. Her remaining claims were also struck out after she did not attend the final hearing.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant's unfair dismissal and redundancy payment claims were struck out for lack of jurisdiction.
- The claimant did not attend the final hearing and indicated she was pursuing support via the government insolvency fund.
- The remaining claims (notice pay, holiday pay, unpaid wages) were also struck out as not being actively pursued.
Timeline
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Claim issued
The claimant issued an ET1 claim for unfair dismissal, notice pay, holiday pay, and unpaid wages.
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Partial strike out
Employment Judge Beyzade struck out the unfair dismissal and redundancy payment claims due to insufficient service.
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Final hearing and strike out
The claimant did not attend the hearing; Employment Judge Codd struck out the remaining claims as not actively pursued.
The legal issue
The tribunal had to decide whether to strike out claims for unfair dismissal and redundancy payment due to insufficient service, and whether to strike out the remaining claims because the claimant did not pursue them.
The outcome
The tribunal struck out all of the former employee's claims. The unfair dismissal and redundancy payment claims were struck out because the law requires at least two years' continuous service to bring such claims. The remaining claims for notice pay, holiday pay, and unpaid wages were struck out because the claimant did not attend the final hearing and indicated she was pursuing support through the government insolvency fund instead. No compensation was awarded.
Lessons & takeaways
- Employees with less than two years' continuous service generally cannot bring unfair dismissal or redundancy payment claims.
- If you miss a tribunal hearing without a good reason, your claims may be struck out as not being actively pursued.
- If your employer becomes insolvent, you may be able to recover some money through the government's insolvency fund, but this does not replace a tribunal claim.
- Always attend your tribunal hearing or provide a valid reason for absence; otherwise, you risk losing your case entirely.
This case shows the strict application of the two-year service requirement for unfair dismissal and redundancy claims. The former employee had worked for Elizabeth Cardy for less than two years, which meant her unfair dismissal and redundancy payment claims had no legal basis from the start. The tribunal struck those out at an early stage.
What makes this case notable is what happened next. The employee had also brought claims for notice pay, holiday pay, and unpaid wages. But she did not attend the final hearing, telling the tribunal she was instead pursuing the government insolvency fund because the employer's company was in voluntary liquidation. The tribunal concluded she had abandoned the proceedings and struck out all remaining claims.
What the employer could have done differently
For the employer, the outcome was favourable. However, the case highlights that even when claims are weak, employers should respond to tribunal proceedings. Here, the respondent did not attend the final hearing either, but the tribunal still struck out the claims on its own initiative.
Why this matters for similar claims
This case is a reminder that the two-year service qualifying period is a hard barrier for unfair dismissal and redundancy claims. It also shows that if you decide to pursue an alternative remedy – such as the government insolvency fund – you must formally withdraw your tribunal claims, or they may be struck out. Failing to attend a hearing without a good reason is likely to result in your case being dismissed.
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