EMED Group

Case Summary

The claimant complained of unfair dismissal but was employed for less than two years. The tribunal struck out the complaint as the claimant lacked the statutory qualifying period of two years' service required by section 108 of the Employment Rights Act 1996.

The claimant was employed for less than two years, which falls short of the statutory qualifying period of two years' service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.

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• •Whether claimant had qualifying service for unfair dismissal claim
• •Section 108 Employment Rights Act 1996 two-year service requirement

each EMPLOYMENT TRIBUNALS Claimant: Miss C Cleverly Respondent: EMED Group 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 Date: 25 March 2026 JUDGMENT SENT TO THE PARTIES ON 15 April 2026