Shine Care Ltd

Case Summary

Employment Judge Sweeney struck out the claimant's unfair dismissal complaint due to insufficient service period and failure to provide acceptable reasons.

The claimant did not meet the qualifying 2-year employment period required to bring an unfair dismissal claim.

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• •two years service required for unfair dismissal complaint

EMPLOYMENT TRIBUNALS Claimant: Mr K Tomlinson Respondent: Shine Care Ltd 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. The claimant’s other complaints are not affected by this judgment. Approved by Employment Judge Sweeney Date: 3 January 2025