Witherslack Group Ltd

Case Summary

The claimant brought a complaint of unfair dismissal against the respondent. The tribunal struck out the complaint because the claimant had been employed for less than two years, falling short of the statutory qualifying period required under section 108 of the Employment Rights Act 1996.

The claimant failed to meet the statutory qualifying period of two years continuous service required to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996, and provided no acceptable reason why the complaint should not be struck out.

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• •Whether claimant had the requisite two years service to bring an unfair dismissal claim

EMPLOYMENT TRIBUNALS Claimant: Elizabeth Iwobi Respondent: Witherslack Group 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. This includes claims for constructive unfair dismissal. 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. 7. Employment Judge Lumby Date:17 March 2026