Case 1303130/2023 · Employment Tribunal
Mr M Fleming v RSK Transport Limited — 2024
- Case reference
- 1303130/2023
- Decision date
- 26 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Edmonds Date
Parties
2 namedClaimant
Mr M Fleming
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr M Fleming's unfair dismissal complaint. It recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service in order to bring an unfair dismissal complaint, and found that the claimant had been employed by RSK Transport Limited for less than two years.
The tribunal concluded that Mr Fleming was not entitled to bring the complaint. It also found that he failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be 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 | The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and did not provide 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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