Case 1304743/2023 · Employment Tribunal
Mr W Ellis v Mr S Jones — 2023
- Case reference
- 1304743/2023
- Decision date
- 4 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge J Jones Date
Parties
2 namedClaimant
Mr W Ellis
Respondent
Key findings
Tribunal's reasoningMr W Ellis brought a single unfair dismissal complaint against Mr S Jones. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service for an unfair dismissal claim, and found that Mr Ellis had been employed for less than two years.
On that basis, the tribunal said he was not entitled to bring the proceedings. It also found that he had been given the opportunity to explain why the complaint should not be struck out, but had failed to give an acceptable reason. The judgment therefore struck out the claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal said section 108 of the Employment Rights Act 1996 required two years' service to bring an unfair dismissal complaint, found the claimant had been employed for less than two years, and struck out the claim after he did not give an acceptable reason why it 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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