Mitie Ltd

Case Summary

Mr L Viner's unfair dismissal complaint against Mitie Limited was struck out. The claimant had been employed for less than two years, which falls short of the two-year qualifying period required by Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.

The claimant was employed for less than two years, which is below the two-year minimum service requirement under Section 108 of the Employment Rights Act 1996 necessary to bring an unfair dismissal complaint. The claimant was given the opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.

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• •Lack of qualifying service for unfair dismissal claim under Section 108 Employment Rights Act 1996

each EMPLOYMENT TRIBUNALS Claimant: Mr L Viner Respondent: Mitie 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 are not affected by this judgment. Approved by Employment Judge Self Date: 22 April 2026 JUDGMENT SENT TO THE PARTIES ON 6 May 2026 Jade Lobb FOR THE TRIBUNAL OFFICE