Case 1302704/2023 · Employment Tribunal
Mr T Phillips v Sales Consult Limited — 2023
- Case reference
- 1302704/2023
- Decision date
- 28 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gaskill
Parties
2 namedClaimant
Mr T Phillips
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt with Mr T Phillips's unfair dismissal complaint against Sales Consult Limited. It held that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service to bring an unfair dismissal claim, and found that Mr Phillips had been employed for less than two years.
On that basis, the tribunal concluded that he was not entitled to bring the unfair dismissal complaint. It also recorded that the claimant had been given the opportunity to provide an acceptable reason why the complaint should not be struck out, but did not do so.
The complaint of unfair dismissal was therefore struck out. The judgment states that the claimant's other complaints were not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the claimant had less than two years' service under section 108 ERA 1996 and did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.108 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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