A B Samani and APSS Ltd

Case Summary

The claimant brought a complaint of unfair dismissal against two respondents. The tribunal struck out the complaint because the claimant had been employed for less than two years and therefore did not meet the statutory qualifying period required by section 108 of the Employment Rights Act 1996.

The claimant was employed for less than two years, which fails to meet the statutory qualifying period required by 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 despite being given the opportunity to do so.

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• •Qualifying period for unfair dismissal claim
• •Two years' service requirement under section 108 Employment Rights Act 1996

Case No:6030994/2025 EMPLOYMENT TRIBUNALS Claimant: Yemi Ladipo Respondents: (1) Ameetkumar Bharatkumar Samani (2) APSS Limited 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 Broughton 28 th March 2026