6027788/2025Struck out

Wates Group Ltd and Stephenson Construction (Southern) Ltd

v S E B Nasr

10 April 2026·Employment Tribunal·England & Wales·Employment Judge Ryan

Respondent

Wates Group Ltd and Stephenson Construction (Southern) Ltd

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Decision date

10 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Ryan

Case Summary

The claimant complained of unfair dismissal against Wates Group Limited and Stephenson Construction (Southern) Limited. The tribunal struck out the complaint because the claimant had less than two years of service and therefore lacked the statutory qualification period required by section 108 of the Employment Rights Act 1996.

Why this outcome?

No qualifying employment period

The claimant was employed for less than two years, which falls below the minimum two-year service requirement specified in section 108 of the Employment Rights Act 1996 for bringing an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.

Claim Types

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Key Issues

  • whether claimant had qualifying period of two years service for unfair dismissal claim

Decision Text

Full PDF

each EMPLOYMENT TRIBUNALS Claimant: Saif Eddine Ben Nasr Respondent: 1. Wates Group Limited, 2. Stephenson Construction (Southern) 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 Ryan Date: 10 April 2026 JUDGMENT SENT TO THE PARTIES ON 07 May 2026 Kacey O’Brien FOR THE TRIBUNAL OFFICE

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