Decent International Ltd

Case Summary

The claimants complained of unfair dismissal but had been employed for less than two years. Section 108 of the Employment Rights Act 1996 requires a minimum of two years' service for such a complaint. The tribunal struck out the unfair dismissal complaint as the claimants lacked the qualifying period.

The claimants were employed for less than two years, but Section 108 of the Employment Rights Act 1996 requires a minimum of two years' service to bring an unfair dismissal complaint. Therefore the claimants were not entitled to bring such a complaint and it was struck out.

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• •whether claimants had two years' service to bring unfair dismissal complaint
• •compliance with Section 108 of the Employment Rights Act 1996

and ors EMPLOYMENT TRIBUNALS Claimant:William Faris and others (see attached schedule) Respondent:Decent International Limited JUDGMENT The complaint that the claimants were unfairly dismissed is struck out. REASONS 1. The claimants complain 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 claimants were employed by the respondent for less than two years. 4. Therefore the claimants are not entitled to bring such a complaint. 5. The claimants have 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 claimants’ other complaints are not affected by this judgment. Employment Judge Liz Ord Date: 14 April 2026 JUDGMENT SENT TO THE PARTIES ON 17 April 2026 FOR THE TRIBUNAL OFFICE P Wing