Panoramic Products Ltd

Case Summary

The claimants complained of unfair dismissal but had been employed for less than two years. The tribunal struck out the complaint because section 108 of the Employment Rights Act 1996 requires a minimum of two years' service to bring such a claim, and the claimants did not meet this threshold.

The claimants lacked the required two years of service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint, and they failed to provide an acceptable reason why the complaint should not be struck out.

• •Whether claimants had two years' service required for unfair dismissal claim under section 108 Employment Rights Act 1996

-3320893/2021 EMPLOYMENT TRIBUNALS Claimants: Mrs A Dorosenko & Mr D Dorosenko Respondent: Panoramic Products Ltd 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 Quill Date:10/1/2022 JUDGMENT SENT TO THE PARTIES ON 27/1/2022 N Gotecha FOR THE TRIBUNAL OFFICE