Decision date
21 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Gray
Case Summary
The claimant's complaint of unfair dismissal was struck out. The claimant was employed by the respondent for less than two years and therefore lacked the qualifying service required by section 108 of the Employment Rights Act 1996 to bring such a complaint.
Why this outcome?
No qualifying employment periodThe claimant was employed for less than two years, which fails to meet the minimum two-year qualifying service requirement under s.108 of the Employment Rights Act 1996 necessary to bring an unfair dismissal complaint.
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Key Issues
- •Whether claimant had qualifying service of two years for unfair dismissal claim under s.108 Employment Rights Act 1996
Decision Text
each EMPLOYMENT TRIBUNALS Claimant: M Sankey Respondent: Lyme Regis Town Council 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 Gray Date: 21 April 2026 JUDGMENT SENT TO THE PARTIES ON 06 May 2026
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Case Details
- Claimant
- M Sankey
- Case No.
- 6042349/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 21 April 2026
- Published
- 28 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gray