Decision date
15 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Flood
Case Summary
The claimant brought an unfair dismissal complaint against Beaver Floorcare Beaver Ltd. The tribunal struck out the claim because the claimant had less than two years' service, failing to meet the statutory requirement under section 108 of the Employment Rights Act 1996, and the claimant provided no acceptable reason why the complaint should not be struck out.
Why this outcome?
No qualifying employment periodThe claim was struck out because the claimant had less than two years' service with the respondent, which is required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
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Key Issues
- •Whether claimant had two years' qualifying service for unfair dismissal claim
Decision Text
Case no:6028234/2025 EMPLOYMENT TRIBUNALS Claimant: De Vante Nembhard Respondent: Beaver Floorcare Beaver Ltd JUDGMENT The Claim is struck out. REASONS 1.The Claimant complains of unfair dismissal only. 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.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 Claim is struck out in its entirety. The Respondent is not required to present a Response. Employment Judge Flood 15 May 2026
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Case Details
- Claimant
- D
- Case No.
- 6028234/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 15 May 2026
- Published
- 9 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood