2309097/2025Struck out

Bromley Beacon Academy

v Mr M Samson

10 March 2026·Employment Tribunal·England & Wales·Employment Judge McLaren

Respondent

Bromley Beacon Academy

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Decision date

10 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge McLaren

Case Summary

The complaint of unfair dismissal is struck out as the claimant had less than 2 years of service required to bring such a claim.

Why this outcome?

No qualifying employment period

The claimant did not have the minimum 2 years of continuous employment required by statute to bring a claim for unfair dismissal.

Claim Types

Key Issues

  • The claimant complains of unfair dismissal
  • 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
  • The claimant was employed by the respondent for less than two years
  • 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

Decision Text

Full PDF

each EMPLOYMENT TRIBUNALS Claimant: Mr M Samson Respondent: Bromley Beacon Academy 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 McLaren Date: 10 March 2026

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