Shepherd Neame

Case Summary

The claimant's unfair dismissal claim was struck out because she had been employed for less than two years, failing to meet the statutory qualifying period required by section 108 of the Employment Rights Act 1996. The tribunal gave the claimant an opportunity to explain why an exception should apply, but she did not respond.

The claimant was employed for less than two years and therefore lacked the statutory qualifying period required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. She failed to respond to the tribunal's invitation to explain why an exception should apply.

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• •whether claimant had the required two years of service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996

Case No: 6006371/2024 EMPLOYMENT TRIBUNALS Claimant: O Kulibaeva Respondent: Shepherd Neame JUDGMENT The Claimant’s claim of unfair dismissal 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. Therefore the Claimant is not entitled to bring such a complaint. 4. The Tribunal wrote on 11 November 2024 giving to the Claimant an opportunity to provide reasons why the complaints of unfair dismissal should not struck out. 5. The Claimant did not respond. As such she has failed to explain why her case contains one of the exceptions set out in section 108 of the Employment Rights Act 1996 and 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. 7. This does not affect the Claimant’s other complaints which continue. Approved by: Employment Judge Burge Date: 12 May 2026 Sent to the parties on: Date: 15 May 2026