6043762/2025Struck out

Torbay Council

16 March 2026·Employment Tribunal·England & Wales·Employment Judge Smail

Respondent

Torbay Council

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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 period

The 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.

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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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