Mr Z Idrees v Mitie Limited — 2026

The tribunal struck out Mr Idrees's complaint that he was unfairly dismissed. The judgment recorded that the complaint was one of constructive unfair dismissal, and that section 108 of the Employment Rights Act 1996 requires a claimant, other than in special circumstances which did not apply, to have not less than two years' service to bring an unfair dismissal complaint, including constructive unfair dismissal.

The tribunal found that Mr Idrees had been employed by Mitie Limited for less than two years. It therefore held that he was not entitled to bring an unfair dismissal complaint and struck that complaint out on the basis that it had no reasonable prospects of success and would be contrary to rule 3 of the ET Procedure Rules 2024 to allow a complaint that was bound to fail to continue.

The judgment recorded that Mr Idrees had responded to a strike-out warning by saying that his unfair dismissal claim should not be struck out because he alleged his constructive dismissal was discriminatory. The tribunal explained that unfair dismissal claims under the Employment Rights Act 1996 and discrimination claims under the Equality Act 2010 are different types of claim. It stated that the strike-out of the unfair dismissal complaint did not affect any discrimination claims, and that the claimant's discriminatory constructive dismissal claim had not been struck out and continued. No remedy was awarded in this judgment.