Vitacress Herbs Ltd

Case Summary

The claimant complained of unfair dismissal but had been employed for less than two years. Section 108 of the Employment Rights Act 1996 requires a minimum of two years' service to bring such a claim. The complaint was struck out as the tribunal lacked jurisdiction.

The claimant was employed for less than two years, which falls short of the statutory requirement under Section 108 of the Employment Rights Act 1996 for bringing an unfair dismissal complaint. The tribunal therefore lacked jurisdiction to hear the claim.

• •Whether claimant had qualifying period of two years' service for unfair dismissal claim

each EMPLOYMENT TRIBUNALS Claimant: Matthew Loraine Respondent: Vitacress Herbs Limited 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 and via his representative has accepted that the Tribunal does not have jurisdiction. 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 Self Date: 20 March 2026 JUDGMENT SENT TO THE PARTIES ON 14 April 2026 Jade Lobb FOR THE TRIBUNAL OFFICE