The Motorists Organisation Ltd

Case Summary

The claimant complained of unfair dismissal but had been employed by The Motorists Organisation Limited for less than two years. The tribunal struck out the unfair dismissal complaint as the claimant did not meet the two-year service requirement prescribed by Section 108 of the Employment Rights Act 1996.

The claimant did not have the required two years of service under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint, and therefore was not entitled to make such a complaint.

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• •Whether claimant had two years' service required for unfair dismissal complaint
• •Qualifying period under Section 108 of the Employment Rights Act 1996

each EMPLOYMENT TRIBUNALS Claimant: J Barrett Respondent: The Motorists Organisation Limited 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 agrees that this part of their claim should 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 Dawson Date:25 March 2026 JUDGMENT SENT TO THE PARTIES ON 27 March 2026