Unfair dismissal claim struck out: employee had less than two years' service
A former employee's unfair dismissal claim against Real Coffee Bag Company Limited was struck out because she had not worked there long enough. The tribunal also dismissed her other claims after she failed to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant's unfair dismissal complaint was struck out for lack of jurisdiction.
- The claimant did not attend the hearing.
- The respondent did not attend the hearing.
- Other claimants' claims for unauthorised deductions and holiday pay succeeded.
Timeline
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Start of disputed period
The period for which unpaid wages are claimed begins.
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End of disputed period
The period for which unpaid wages are claimed ends.
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Strike-out judgment
Employment Judge Kenward struck out the claimant's unfair dismissal complaint due to insufficient service.
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Final hearing
Employment Judge Childe heard the remaining claims. The claimant did not attend.
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Judgment issued
The tribunal dismissed the claimant's claims due to non-attendance and ruled on other claimants' claims.
The legal issue
Whether the claimant had the minimum two years' continuous service needed to bring an unfair dismissal claim, and whether her remaining claims should be dismissed for non-attendance.
The outcome
The tribunal struck out the claimant's unfair dismissal complaint for lack of jurisdiction, as she had been employed for less than two years. Her other claims (unauthorised deductions and holiday pay) were dismissed because she did not attend the final hearing.
- Unfair dismissal: struck out (no jurisdiction)
- Unauthorised deductions and holiday pay: dismissed under rule 47 for non-attendance
- No compensation awarded to this claimant
Lessons & takeaways
- You generally need at least two years' continuous service to bring an unfair dismissal claim in the UK.
- If you have other claims (like unpaid wages or holiday pay), they can still proceed even if your unfair dismissal claim is struck out.
- Failing to attend a tribunal hearing without a good reason can result in your claims being dismissed entirely.
- Check your employment start date carefully before filing an unfair dismissal claim – the tribunal will strike it out if you don't meet the service requirement.
What this case shows
This case is a reminder that employment tribunals have strict rules about who can bring an unfair dismissal claim. The former employee had worked for Real Coffee Bag Company Limited for less than two years, which meant she did not have the legal right to complain about unfair dismissal. The tribunal struck out that part of her claim early on.
What went wrong
The claimant also had claims for unpaid wages and holiday pay – which do not require two years' service – but she did not attend the final hearing. Without her presence, the tribunal had no choice but to dismiss those claims too. Other former employees who did attend succeeded in recovering money they were owed.
Why this matters
For anyone considering an employment tribunal claim, the key lesson is to check the eligibility rules before you start. Unfair dismissal has a two-year service threshold (with some exceptions). Even if you have other valid claims, you must attend all hearings or risk losing everything. This case also shows that employers who fail to pay wages or holiday pay can be ordered to pay up – but only if the employee follows through.
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