6034098/2025Struck out

Alstom Transport (UK) Ltd

v Mr J Owen

23 March 2026·Employment Tribunal·England & Wales·Employment Judge Flood

Respondent

Alstom Transport (UK) Ltd

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Decision date

23 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Flood

Case Summary

The claimant brought a complaint of unfair dismissal against Alstom Transport (UK) Ltd. The tribunal struck out the complaint because the claimant had been employed for less than two years, which is the minimum qualifying period 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.

Why this outcome?

No qualifying employment period

The claim was struck out because the claimant did not have the required two years' service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996, and failed to give an acceptable reason why the complaint should not be struck out.

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Key Issues

  • Whether claimant had the required two years' service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996

Decision Text

Full PDF

Case No: 6034098/2025 EMPLOYMENT TRIBUNALS Claimant: Mr Jonathan Owen Respondent: Alstom Transport (UK) Ltd 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. Approved by: - Employment Judge Flood Date of approval: 23 rd March 2026 JUDGMENT SENT TO THE PARTIES ON Date: 28/04/2026 Suriya Hussain FOR THE TRIBUNAL OFFICE

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