RFP Tree and Landscape Services Ltd

Case Summary

The claimant's complaint of unfair dismissal was struck out because she had been employed for less than two years. Section 108 of the Employment Rights Act 1996 requires a minimum of two years' service to bring such a complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.

The claimant lacked the required two-year qualifying period of service under Section 108 of the Employment Rights Act 1996, which is a statutory precondition for bringing an unfair dismissal complaint. As the claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out, the tribunal struck out the claim.

• •Whether claimant has sufficient service to bring unfair dismissal claim
• •Two-year qualifying period under Section 108 Employment Rights Act 1996

each EMPLOYMENT TRIBUNALS Claimant: Miss S Petvin Respondent: RFP Tree and Landscape Services Ltd JUDGMENT The complaint that the claimant was unfairly dismissed is struck out. REASONS 1. The claimant complains of unfair dismissal. 2. Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint. 3. The claimant was employed by the respondent for less than two years. 4. Therefore, the claimant is not entitled to bring such a complaint. 5. The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. 6. Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Approved by Employment Judge Gray Date: 23 April 2026 JUDGMENT SENT TO THE PARTIES ON 30 April 2026 Jade Lobb FOR THE TRIBUNAL OFFICE