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6034514/2025Struck Out

National Star

29 January 2026England & WalesEmployment Judge Smail
GOV.UK

Case Summary

The complaint that the claimant was unfairly dismissed is struck out as the claimant was employed for less than two years and is therefore not entitled to bring such a complaint.

Key Issues

  • 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
  • The claimant was employed by the respondent for less than two years
  • The claimant is not entitled to bring such a complaint
  • 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

Claim Types

Unfair Dismissal

Decision Text

each EMPLOYMENT TRIBUNALS Claimant: M Engwell Respondent: National Star 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 Smail Date: 29 January 2026 JUDGMENT SENT TO THE PARTIES ON 27 February 2026 Jade Lobb FOR THE TRIBUNAL OFFICE

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Employer

Respondent

National Star

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Case Details

Case Number
6034514/2025
Decision Date
29/01/2026
Published
17/03/2026
Jurisdiction
England & Wales
Judge
Employment Judge Smail