Decision date
19 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Harding
Case Summary
The claimant complained of unfair dismissal. The tribunal found that the claimant had been employed for less than two years, and therefore lacked the statutory qualifying period required to bring such a claim under section 108 of the Employment Rights Act 1996. The complaint was struck out.
Why this outcome?
No qualifying employment periodThe claimant did not have the required two years' continuous service to bring an unfair dismissal complaint, as stipulated by section 108 of the Employment Rights Act 1996, and failed to provide an acceptable reason why the complaint should not be struck out.
Claim Types
Key Issues
- •Whether claimant had the required two years' service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996
Decision Text
Case No: 6038162/2025 EMPLOYMENT TRIBUNALS Claimant: Mr Georgia Mountain Respondent: Long Rest 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 Harding Date of approval: 19 th March 2026 JUDGMENT SENT TO THE PARTIES ON Date: 30 April 2026 Suriya Hussain FOR THE TRIBUNAL OFFICE
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Case Details
- Claimant
- Mr G Mountain
- Case No.
- 6038162/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 19 March 2026
- Published
- 22 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Harding