Employment Tribunal Strikes Out Unfair Dismissal Claim Due to Insufficient Service Period
📌 In brief
An employment tribunal struck out a worker's unfair dismissal complaint because they had been employed for less than two years. Under UK law, workers must have at least two years' service to bring an unfair dismissal claim.
⚖️ Legal holding
An employee must have completed at least two years of service before filing an unfair dismissal claim under the Employment Rights Act 1996.
📖 What the law says
Under this rule, an employee can file an unfair dismissal claim only if they have been continuously employed for at least two years up until the termination date.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's unfair dismissal complaint was struck out due to insufficient service period.
📜 Headnote Official document
The Employment Tribunal dismissed an unfair dismissal claim brought by a worker against their employer, ruling that the worker had not completed two years of service as required under section 108 of the Employment Rights Act 1996.
📚 Full judgment Official document
OUTCOME: Struck Out
each
Case Number: 6002661/2026
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
The claim 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’ [RESPONDENT] 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 these proceedings.
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 claim is struck out.
Approved by Employment Judge Leith
Date: 17 April 2026
Sent to the parties on: Date: 21 April 2026
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Complaint Due to Short Ser…
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claim for Insufficient Ser…
- Employment Tribunal Employment Tribunal Strikes Out Case for Procedural Failures
- Employment Tribunal Unfair Dismissal Claim Struck Out by Employment Tribunal
- Employment Tribunal Employment Tribunal Dismisses Race Discrimination Claim for Lack of Qualify…
- Employment Tribunal Unfair Dismissal Claim Struck Out for Insufficient Service
- Employment Tribunal Claim Struck Out: Non-Compliance and Unreasonable Conduct
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claims Due to Lack of Serv…
- Employment Tribunal Claimant's Discrimination Claims Struck Out by Employment Tribunal
- Employment Tribunal Employment Claims Struck Out for Non-Compliance
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claim for Insufficient Ser…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The employee had less than two years of service.
- The claimant failed to comply with tribunal orders or actively pursue the case.
- The claim did not have a reasonable prospect of success.
- The claimant engaged in unreasonable conduct.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The employment tribunal struck out the worker's unfair dismissal complaint.
Who was involved?
A worker and their employer were involved in the case.
How did the court decide, and why?
The court decided that the claimant had not completed two years of service as required by law.
Which laws or rules were applied?
Section 108 of the Employment Rights Act 1996 was applied.
What was the argument that mattered most?
The lack of sufficient employment period was the key issue.
Was the decision for or against the person who brought the case?
The decision was against the worker.
What does this mean for someone in a similar situation?
Someone with less than two years' service cannot bring an unfair dismissal claim.
What evidence or documents mattered?
No specific evidence is mentioned, but the employment period was crucial.
Can a decision like this be appealed?
Yes, decisions can often be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It's advisable to seek legal advice from a qualified solicitor.