Decision date
5 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Gidney
Case Summary
Mr Hayes claimed unfair dismissal against Simpson Strong-Tie UK & Ireland. The claimant had been employed for less than two years. The tribunal struck out the complaint as the claimant lacked the statutory two-year qualifying period required under section 108 of the Employment Rights Act 1996.
Why this outcome?
No qualifying employment periodThe claim was struck out because the claimant had been employed for less than two years and therefore did not meet the qualifying period requirement under section 108 of the Employment Rights Act 1996 necessary to bring an unfair dismissal complaint.
Claim Types
Key Issues
- •Whether claimant had qualifying service of two years for unfair dismissal claim
Decision Text
Case No:6027418/2025 EMPLOYMENT TRIBUNALS Claimant: Mr Ryan Hayes Respondent: Simpson Strong-Tie UK & Ireland JUDGMENT The complaint that the claimant was unfairly dismissed is struck out. REASONS 1.The claimant complains of unfair dismissal. 2.Subject to certain exceptions, 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 Gidney 5 th April 2026
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Case Details
- Claimant
- Mr R Hayes
- Case No.
- 6027418/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 5 April 2026
- Published
- 6 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gidney