Turning Point

Case Summary

The claimant's unfair dismissal complaint was struck out because she had been employed for less than two years, failing to meet the qualifying period requirement under Section 108 of the Employment Rights Act 1996. The claimant did not provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.

The claimant was employed for less than two years and therefore did not meet the statutory qualifying period requirement of two years' service under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.

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• •Qualifying period for unfair dismissal claim under Section 108 Employment Rights Act 1996
• •Claimant's length of service requirement (minimum two years)

each EMPLOYMENT TRIBUNALS Claimant: Nicole Woods Respondent: Turning Point 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. This does not prevent the claimant from saying her dismissal was an act of discrimination. 7. The claimant’s other complaints are not affected by this judgment. Approved by Employment Judge Bax Date: 31 March 2026 JUDGMENT SENT TO THE PARTIES ON 10 April 2026 Jade Lobb FOR THE TRIBUNAL OFFICE