Mr S T Muwanguzi v Care UK Community Partnerships Limited — 2025

The tribunal struck out the complaint of unfair dismissal under rule 38 of the Employment Tribunals Procedure Rules 2024. It found that, at the effective date of termination, the claimant had less than two years' service and therefore did not have the ordinary right not to be unfairly dismissed under s.94 Employment Rights Act 1996, subject to the statutory qualifying period referred to in the reasons.

The claimant had previously been warned at a hearing on 17 December 2024 that he would need to show a good reason why the unfair dismissal complaint should continue despite the absence of two years' service. The tribunal found that he had not done so and concluded that the complaint had no reasonable prospects of success.

The judgment stated that the strike-out did not affect the claimant's Equality Act 2010 complaints that he was constructively dismissed and that this was unlawful discrimination. Those Equality Act complaints were not determined in this judgment.