Decision date
23 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Shastri-Hurst
Case Summary
The claimant brought a claim for unfair dismissal against British Airways plc. The tribunal struck out the claim as it had no jurisdiction to hear it, as the claimant had less than two years' service at the time of dismissal, which is a statutory requirement under s108 of the Employment Rights Act 1996.
Why this outcome?
No qualifying employment periodThe tribunal lacked jurisdiction to hear the unfair dismissal claim because the claimant had less than two years' service, as required by s108 Employment Rights Act 1996. Additionally, the claimant failed to respond to the tribunal's strike out warning sent on 17 October 2025.
Claim Types
Key Issues
- •Jurisdiction to hear unfair dismissal claim
- •Two year service requirement under s108 Employment Rights Act 1996
- •Compliance with strike out warning
Cited Laws
The claimant brought a claim for unfair dismissal against British Airways plc.
Decision Text
each EMPLOYMENT TRIBUNALS Claimant: Nicholas Pattinson Respondent: British Airways PLC JUDGMENT The complaint that the claimant was unfairly dismissed is struck out. REASONS The Tribunal has no jurisdiction to hear a claim for unfair dismissal when a claimant has less than two years' service (s108 Employment Rights Act 1996). The claimant did not set out a response to the Tribunal's strike out warning sent on 17 October 2025. Approved by Employment Judge Shastri-Hurst Date: 23 March 2026 JUDGMENT SENT TO THE PARTIES ON 27 March 2026 ........................................................................ FOR THE TRIBUNAL OFFICE
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Case Details
- Claimant
- N Pattinson
- Case No.
- 6003040/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 23 March 2026
- Published
- 23 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst