Orion Electrotech Ltd

Case Summary

The claimant's unfair dismissal complaint was struck out because she had not completed two years of service with the respondent, failing to meet the statutory qualifying period required under section 108 of the Employment Rights Act 1996. The claimant did not provide acceptable reasons why the complaint should not be struck out despite being given the opportunity to do so.

The claimant was not entitled to bring an unfair dismissal complaint because she was employed for less than two years, falling short of the minimum two-year service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide acceptable reasons why the complaint should not be struck out despite being given the opportunity.

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• •Whether claimant had sufficient qualifying period of service (two years) to bring unfair dismissal claim under section 108 Employment Rights Act 1996

EMPLOYMENT TRIBUNALS Claimant: Ms A Day Respondent: Orion Electrotech 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. Approved by Employment Judge Anstis Date: 16 April 2026 JUDGMENT SENT TO THE PARTIES ON 16 April 2026 FOR THE TRIBUNAL OFFICE