Ms F J Rilwan v Eleanor Care and Nursing PARTIAL STRIKE OUT The claimant’s complaint of unfair dismissal is struck out because she does not have the required 2 years’ service to advance that complaint under s108 Employment Rights Act 1996. — 2024

The tribunal held that Ms F J Rilwan did not have two years' continuous service with Eleanor Care and Nursing. She brought a complaint of unfair dismissal, but the tribunal found that she had not shown any basis under the Employment Rights Act 1996 for pursuing that claim without the qualifying period.

By letter dated 1 August 2024, the claimant was given an opportunity to explain why the unfair dismissal claim should be allowed to continue despite the lack of two years' service. The tribunal recorded that her response did not set out any reason recognised by the Employment Rights Act 1996 for allowing the claim to proceed; it stated only that she had been dismissed and that the decision was unfair.

The unfair dismissal complaint was therefore struck out. The tribunal also stated that the claimant's complaint of race discrimination was not affected by this judgment.