Mr J Olatunde v 1) Athena Care Limited 2) City and County Healthcare Group Limited — 2021

The claimant, Mr J Olatunde, brought a complaint of unfair dismissal against Athena Care Limited and City and County Healthcare Group Limited. The tribunal held that he had been employed for less than two years, so section 108 of the Employment Rights Act 1996 meant he was not entitled to bring an unfair dismissal claim.

Because the statutory qualifying service requirement was not met, the tribunal struck out the unfair dismissal complaint. It also recorded that the claimant had been given the opportunity to explain why the complaint should not be struck out, but he failed to give an acceptable reason.

The judgment states that the claimant's other complaints were not affected by this decision.