6017332/2025Struck out

Original Travel Company Ltd

v Mr J Doherty

27 February 2026·Employment Tribunal·England & Wales·Employment Judge Leith

Respondent

Original Travel Company Ltd

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Decision date

27 February 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Leith

Case Summary

Mr J Doherty's unfair dismissal complaint against Original Travel Company Limited was struck out. The claimant had been employed for less than two years, failing to meet the statutory two-year service requirement under Section 108 of the Employment Rights Act 1996. The tribunal noted the claimant's disability discrimination complaint under the Equality Act 2010 remains unaffected.

Why this outcome?

No qualifying employment period

The claimant was employed for less than two years. Section 108 of the Employment Rights Act 1996 requires a minimum of two years service to bring an unfair dismissal complaint, and therefore the claimant is not entitled to bring such a complaint.

Claim Types

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Key Issues

  • Whether claimant had sufficient service to bring unfair dismissal claim
  • Section 108 Employment Rights Act 1996 two-year service requirement

Decision Text

Full PDF

Case No: 6017332/2025 EMPLOYMENT TRIBUNALS Claimant: Mr J Doherty Respondent: Original Travel Company 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. The claimant’s email of 20 December 2025 suggests that he did not in fact intend to bring a complaint of unfair dismissal; rather that his intention was to bring a complaint of disability discrimination. 6. Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints (of disability discrimination under the Equality Act 2010) are not affected by this judgment. Approved by Employment Judge Leith Date: 27 February 2026

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