6012382/2024Struck out

Dumbledore Dental Care Ltd

v M Shahabi

13 January 2025·Employment Tribunal·England & Wales·Employment Judge Leith

Respondent

Dumbledore Dental Care Ltd

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Decision date

13 January 2025

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Leith

Case Summary

The claimant's unfair dismissal complaint was struck out due to insufficient length of service and failure to provide an acceptable reason.

Why this outcome?

No qualifying employment period

The claimant did not meet the qualifying period of 2 years' continuous employment required to bring an unfair dismissal claim under the Employment Rights Act 1996.

Claim Types

Key Issues

  • length of service requirement for unfair dismissal complaint

Decision Text

Full PDF

Case No: 6012382/2024 1.18 UDL – length of service - strike out judgment -.part claim EMPLOYMENT TRIBUNALS Claimant: Marjan Shahabi Respondent: Dumbledore Dental Care 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. 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. ________________________ Employment Judge Leith Date: 13 January 2025 Case No: 6012382/2024 1.18 UDL – length of service - strike out judgment -.part claim

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