Caretech Foundation (Cambian group)

Case Summary

The claimant complained of unfair dismissal against Caretech Foundation (Cambian group). The tribunal struck out the complaint because the claimant had less than two years of service, failing to meet the statutory requirement under Section 108 of the Employment Rights Act 1996.

The tribunal struck out the unfair dismissal complaint because the claimant was employed for less than two years, which is below the minimum qualifying period of two years required by Section 108 of the Employment Rights Act 1996, and the claimant failed to provide an acceptable reason why the complaint should not be struck out.

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

each EMPLOYMENT TRIBUNALS Claimant: Jack Gallaway Respondent: Caretech Foundation (Cambian group) 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. 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 Livesey Date: 13 April 2026 JUDGMENT SENT TO THE PARTIES ON 15 April 2026 Jade Lobb FOR THE TRIBUNAL OFFICE