Apex Solutions Ltd

Case Summary

The claimant's unfair dismissal complaint was struck out because he had less than two years' service with the respondent, failing to meet the statutory qualifying period required by Section 108 of the Employment Rights Act 1996. The claimant did not provide an acceptable reason why the complaint should not be struck out. The tribunal noted that discrimination complaints related to the dismissal remain unaffected by this judgment.

The claimant lacked the statutory two-year qualifying period of service required by Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint, and failed to provide an acceptable reason why the complaint should not be struck out.

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• •whether claimant had sufficient qualifying service (two years) to bring unfair dismissal claim under Section 108 of the Employment Rights Act 1996

each EMPLOYMENT TRIBUNALS Claimant: Mr K Anson Respondent: Apex Solutions Limited 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 in respect of the dismissal being discriminatory under the Equality Act 2010 are not affected by this judgment. Approved by Employment Judge Self Date: 5 May 2026 JUDGMENT SENT TO THE PARTIES ON 7 May 2026 Jade Lobb FOR THE TRIBUNAL OFFICE