Gardeners Royal Benevolent Society

Case Summary

The claimant complained of unfair dismissal against Gardeners Royal Benevolent Society. The tribunal struck out the complaint because the claimant had been employed for less than two years, falling short of the statutory minimum service requirement under Section 108 of the Employment Rights Act 1996.

The claimant was employed for less than two years, which is below the statutory minimum service requirement of two years under Section 108 of the Employment Rights Act 1996 needed to bring an unfair dismissal complaint. The claimant also failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.

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• •Whether claimant had two years service required under Section 108 Employment Rights Act 1996 to bring unfair dismissal claim

each EMPLOYMENT TRIBUNALS Claimant: Yaina Samuels Respondent: Gardeners Royal Benevolent Society 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 Harfield Date: 15 May 2026 JUDGMENT SENT TO THE PARTIES ON 18 May 2026 Kacey O’Brien FOR THE TRIBUNAL OFFICE