Decision date
25 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Dawson
Case Summary
Mrs C Hatch brought a claim for unfair dismissal against Trioscape Garden Centre. The tribunal struck out the claim because the claimant had less than two years of service, which is required under section 108 of the Employment Rights Act 1996.
Why this outcome?
No qualifying employment periodThe claim was struck out because the claimant was employed for less than two years and therefore lacked the qualifying period of service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint.
Claim Types
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Key Issues
- •Whether claimant had qualifying service for unfair dismissal claim
- •Compliance with strike-out notice
Decision Text
each Claimant: Respondent: EMPLOYMENT TRIBUNALS Mrs C Hatch Trioscape Garden Centre JUDGMENT 1. 2. 3. 4. 5. 6. The complaint that the claimant was unfairly dismissed is struck out. REASONS The claimant complains of unfair dismissal. 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. The claimant was employed by the respondent for less than two years. Therefore the claimant is not entitled to bring such a complaint. 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. Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Approved by Employment Judge Dawson Date: 25 March 2026 JUDGMENT SENT TO THE PARTIES ON 15 April 2026
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Case Details
- Claimant
- Mrs C Hatch
- Case No.
- 6044735/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 25 March 2026
- Published
- 5 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dawson