6002661/2026Struck out

Air Charter Service

v L Hole

17 April 2026·Employment Tribunal·England & Wales·Employment Judge Leith

Respondent

Air Charter Service

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Decision date

17 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Leith

Case Summary

The claimant brought a claim for unfair dismissal against Air Charter Service. The tribunal struck out the claim because the claimant had been employed for less than two years, falling short of the statutory minimum service requirement under s.108 of the Employment Rights Act 1996.

Why this outcome?

No qualifying employment period

The claim was struck out because the claimant was employed for less than two years, which falls below the two-year service requirement mandated by s.108 of the Employment Rights Act 1996 for bringing an unfair dismissal complaint.

Claim Types

Key Issues

  • whether claimant had two years' service required by s.108 Employment Rights Act 1996 to bring unfair dismissal claim

Decision Text

Full PDF

each EMPLOYMENT TRIBUNALS Claimant: Lee Hole Respondent: Air Charter Service JUDGMENT The claim 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 these proceedings. 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 claim is struck out. Approved by Employment Judge Leith Date: 17 April 2026 Sent to the parties on: Date: 21 April 2026

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