Decision date
13 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Akhtar
Case Summary
The claimant's unfair dismissal complaint was struck out because he did not have the requisite two years of service required under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out. The claimant's other complaints remain unaffected and will proceed to hearing.
Why this outcome?
No qualifying employment periodThe claimant was employed for less than two years, and section 108 of the Employment Rights Act 1996 requires a minimum of two years service to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
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Key Issues
- •Whether claimant had minimum two years service to bring unfair dismissal claim
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Mr D Gardner Respondent: Core Children Ltd 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 and will proceed to hearing. Approved by Employment Judge Akhtar Date: 13 May 2026 JUDGMENT SENT TO THE PARTIES ON 13 May 2026 FOR THE TRIBUNAL OFFICE Curtis Burr
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Case Details
- Claimant
- Mr D Gardner
- Case No.
- 6028688/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 13 May 2026
- Published
- 5 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Akhtar