Decision date
16 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Smail
Case Summary
The claimant's unfair dismissal complaint was struck out because he had been employed for less than two years, which is below the minimum qualifying period required by section 108 of the Employment Rights Act 1996. The claimant's sex discrimination complaint remains subject to other case management orders.
Why this outcome?
No qualifying employment periodThe claimant lacked the required two years of service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996, and he failed to provide an acceptable reason why the complaint should not be struck out.
Claim Types
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Key Issues
- •whether claimant had two years service required for unfair dismissal claim
- •sex discrimination complaint (subject to further case management)
Original published judgment
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Case Details
- Case No.
- 6043762/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 16 March 2026
- Published
- 30 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail