A Samandi

Case Summary

The claimant brought a complaint of unfair dismissal against the respondent. The tribunal struck out the complaint because the claimant had been employed for less than two years, falling short of the two-year service requirement under section 108 of the Employment Rights Act 1996, and the claimant failed to provide an acceptable reason why the complaint should not be struck out.

The claimant lacked the requisite two years of service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint, and failed to give an acceptable reason why the complaint should not be struck out.

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• •Whether claimant had sufficient service to bring unfair dismissal claim
• •Section 108 Employment Rights Act 1996 two-year qualifying period requirement

each EMPLOYMENT TRIBUNALS Claimant:Ricard Nazeraj Respondent:Ali Samandi 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 Abbott Date: 13 April 2026 JUDGMENT SENT TO THE PARTIES ON 6 May 2026 FOR THE TRIBUNAL OFFICE P Wing