Cygnet (OE) Ltd

Case Summary

The claimant's unfair dismissal complaint was struck out because the claimant had been employed for less than two years, failing to meet the statutory qualifying period required under Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so.

The complaint was struck out because the claimant had less than two years of service, and Section 108 of the Employment Rights Act 1996 requires a minimum of two years qualifying service to bring an unfair dismissal complaint. The claimant is therefore not entitled to bring such a complaint.

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• •Whether claimant had sufficient qualifying service (two years) for unfair dismissal complaint under Section 108 Employment Rights Act 1996

each EMPLOYMENT TRIBUNALS Claimant: Munyaradzu Mandizvidza Respondent: 1. Cygnet (OE) 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 Reid Date: 26 March 2026