Porthaven Care Homes No 2 Ltd

Case Summary

The claimant brought a complaint of unfair dismissal against Porthaven Care Homes No 2 Limited. The claimant had been employed for less than two years, which is the statutory minimum required by section 108 of the Employment Rights Act 1996 to bring such a claim. The complaint was struck out as the claimant lacked the necessary qualifying period.

The claimant did not have the minimum two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The tribunal therefore had no jurisdiction to hear the claim.

• •Whether claimant had sufficient service to bring unfair dismissal claim
• •Whether claimant had two years' continuous employment

EMPLOYMENT TRIBUNALS Claimant: Mrs T M Smith Respondent: Porthaven Care Homes No 2 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 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 Self 10 April 2026 JUDGMENT SENT TO THE PARTIES ON 29 April 2026 Jade Lobb FOR THE TRIBUNAL OFFICE