Llewelyn Support Services Ltd

Case Summary

The claimant complained of unfair dismissal and claimed a redundancy payment. The tribunal struck out both claims because the claimant had been employed for less than two years, failing to meet the statutory qualifying period required by the Employment Rights Act 1996.

The claimant was employed for less than two years, which is below the statutory minimum qualifying period of two years required under s.108 of the Employment Rights Act 1996 for unfair dismissal complaints and s.155 for redundancy payment claims. The claimant failed to provide an acceptable reason why the complaints should not be struck out.

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• •Whether claimant had two years' service required for unfair dismissal claim under s.108 Employment Rights Act 1996
• •Whether claimant had two years' service required for redundancy payment under s.155 Employment Rights Act 1996

each EMPLOYMENT TRIBUNALS Claimant: MICHAEL OLAJIDE OGUNBAYO Respondent: LLEWELYN SUPPORT SERVICES LTD JUDGMENT The complaint that the claimant was unfairly dismissed and the claim for a redundancy payment are struck out. REASONS 1. The Claimant complains of unfair dismissal and claims the right to a redundancy payment. 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. Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more. 4. The Claimant was employed by the Respondent for less than two years. 5. Therefore the Claimant is not entitled to bring a complaint of unfair dismissal or to claim a redundancy payment. 6. The Claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out. 7. Accordingly, the complaint of unfair dismissal and the claim for a redundancy payment are struck out. The Claimant’s other complaints are not affected by this judgment. Approved by Employment Judge Povey Date: 7 May 2026 JUDGMENT SENT TO THE PARTIES ON 11 May 2026 Katie Dickson FOR THE TRIBUNAL OFFICE