Decision date
21 October 2025
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Phil Allen
Case Summary
The complaint that the claimant was unfairly dismissed is struck out as the claimant was employed for less than two years.
Why this outcome?
No qualifying employment periodThe claimant's unfair dismissal complaint is struck out because the claimant was employed for less than two years, which falls below the statutory qualifying period required for unfair dismissal claims under UK employment law.
Claim Types
Key Issues
- •The claimant was employed by the respondent for less than two years and therefore is not entitled to bring an unfair dismissal complaint
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Ms L Shaw Respondent: Excellerate Services UK 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. Employment Judge Phil Allen Date: 21 October 2025 JUDGMENT SENT TO THE PARTIES ON Date; 9 December 2025 ........................................................................ FOR THE TRIBUNAL OFFICE
Something doesn't look right?
Report a wrong claim type, outcome, summary, or award.
Case Details
- Claimant
- Ms L Shaw
- Case No.
- 6002422/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 21 October 2025
- Published
- 19 January 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen