Department of Work and Pensions

Case Summary

The claimant brought an unfair dismissal claim against the Department of Work and Pensions but did not have the necessary 2 years' continuous employment required by law. The tribunal struck out the claim as the claimant had no qualifying service and therefore no reasonable prospects of success.

The claim was struck out because the claimant did not have 2 complete years' of employment and therefore lacked the statutory qualifying service necessary to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996, giving the claim no reasonable prospects of success.

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• •lack of 2 years' qualifying service under section 108 Employment Rights Act 1996

EMPLOYMENT TRIBUNALS Claimant: Mohibbur Rahman Respondent: Department of Work and Pensions JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 10 February 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying section 108 of the Employment Rights Act 1996 that the claimant did not have the necessary 2 years’ of employment to bring an unfair dismissal claim. 2. The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied. Although the Claimant did reply to the Respondent’s application for a strike out partly on the same basis. He gave no reason that shows there is power to hear his claim when he did not have the necessary qualifying ser- vice. 3. I am satisfied that the grounds for striking out the claim under Rule 38 apply, in that the Claimant on his own case did not have 2 complete years’ of em- ployment and therefore does not have the right to bring a claim of unfair dis- missal and therefore there are no reasonable prospects of success. 4. The claim is therefore struck out. 5. The hearing on 7 December 2026 will not take place. Approved by: Employment Judge Moor 18 May 2026 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. If written reasons are provided they will be placed online. All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal- decisions shortly after a copy has been sent to the claimants and respondent…