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6000430/2025Struck Out

EM Recycling (Derbys) Ltd

4 August 2025England & WalesEmployment Judge Heap
GOV.UK

Case Summary

The claimant's unfair dismissal complaint was struck out due to insufficient service period and failure to provide an acceptable reason.

Key Issues

  • claimant's employment duration
  • claimant's service period less than two years
  • claimant failed to provide acceptable reason for complaint

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The claimant's unfair dismissal complaint was struck out due to insufficient service pe

Decision Text

EMPLOYMENT TRIBUNALS Claimant: Mr. K F Ng Respondent: EM Recycling (Derbys) 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 Heap Date: 14 th March 2025 JUDGMENT SENT TO THE PARTIES ON ..................................................................... ...................................................................... FOR THE TRIBUNAL OFFICE

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Employer

Respondent

EM Recycling (Derbys) Ltd

Employer page →View all cases →

Employment Details

Industry
Construction

Case Details

Case Number
6000430/2025
Tribunal
Employment Tribunal
Level
First instance
Decision Date
04/08/2025
Published
13/08/2025
Jurisdiction
England & Wales
Judge
Employment Judge Heap