Case 1303739/2022 · Employment Tribunal
Mr C Rawlingson v A & K Driveways Ltd — 2022
- Case reference
- 1303739/2022
- Decision date
- 26 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner Date
Parties
2 namedClaimant
Mr C Rawlingson
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr C Rawlingson, brought a complaint of unfair dismissal against A & K Driveways Ltd. Employment Judge Faulkner recorded that section 108 of the Employment Rights Act 1996 requires two years' service before an unfair dismissal complaint can be brought.
The tribunal found that the claimant had been employed for less than two years and was therefore not entitled to pursue the unfair dismissal complaint. The claimant was given an opportunity to explain why the complaint should not be struck out, but did not provide an acceptable reason.
The tribunal accordingly struck out the unfair dismissal complaint. 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 therefore was not entitled to bring the claim under section 108 ERA 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but did not provide an acceptable reason. | 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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