Ms M Wilkinson v Medivet Swanland 24 hr (England and Wales : Unfair Dismissal) -[2023] UKET 1800462/2023- (14 March 2023)

The Employment Tribunal struck out Ms M Wilkinson's unfair dismissal claim against Medivet Swanland 24 hr (Case Number: 1800462/2023) because she had less than two years of service, which is the minimum requirement under Section 108 of the Employment Rights Act 1996. The claimant failed to provide a valid reason to retain the complaint despite being given the opportunity.

The main legal issue addressed was whether the Claimant's unfair dismissal complaint should be struck out because she had less than two years of service, as required by Section 108 of the Employment Rights Act 1996. The tribunal ruled that the complaint was invalid due to the lack of qualifying service period, thereby dismissing the claim under this provision.

The tribunal struck out the claim of unfair dismissal because the claimant (Ms M Wilkinson) was employed for less than two years, failing to meet the service requirement under Section 108 of the Employment Rights Act 1996. The claimant also failed to provide any valid reason to oppose the strike-out.

The complaint that the Claimant was unfairly dismissed is struck out. The Claimant was employed for less than two years, which is the minimum service requirement under Section 108 of the Employment Rights Act 1996. The rest of the claim remains unaffected by this Judgment.

The Employment Tribunal applied Section 108 of the Employment Rights Act 1996, which stipulates that a claimant must have at least two years' service to pursue an unfair dismissal complaint. The claimant's employment period of less than two years rendered her ineligible to bring such a claim under the statute.

Employment Rights Act 1996

Judge Cox