Decision date
21 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Harrison
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, which is the statutory minimum qualifying period required under Section 108 of the Employment Rights Act 1996.
Why this outcome?
No qualifying employment periodThe claimant did not satisfy the two-year qualifying period requirement under Section 108 of the Employment Rights Act 1996, having been employed for less than two years. Therefore the claimant was not entitled to bring unfair dismissal proceedings and the claim was struck out.
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 qualifying period
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Miss E Liddle Respondent: Kelli Hicks JUDGMENT The complaint of unfair dismissal is struck out. REASONS 1. The claimant complains of unfair dismissal. 1. 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. 2. The claimant was employed by the respondent for less than two years. 3. Therefore the claimant is not entitled to bring these proceedings. 4. 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. 5. Accordingly, the complaint is struck out. The claimant’s other complaints are not affected by this judgment. Approved by Employment Judge Harrison 21 April 2026 JUDGMENT SENT TO THE PARTIES ON 16 May 2026 ...................................................................... ...................................................................... FOR THE TRIBUNAL OFFICE
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Case Details
- Claimant
- Miss E Liddle
- Case No.
- 6021556/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 21 April 2026
- Published
- 15 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Harrison