Case 1305380/2023 · Employment Tribunal
Mr J Davis v Asles (Tool Hire and Sales) Ltd. — 2024
- Case reference
- 1305380/2023
- Decision date
- 2 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Perry
Parties
2 namedClaimant
Mr J Davis
Respondent
Key findings
Tribunal's reasoningMr J Davis brought a claim of unfair dismissal against Asles (Tool Hire and Sales) Ltd. Employment Judge Perry held that the claim should be struck out because section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service in order to bring an unfair dismissal complaint.
The tribunal found that the claimant had been employed for less than two years. On that basis, it held that he was not entitled to bring the proceedings. The judgment also records that the claimant was given an opportunity to explain why the complaint should not be struck out, but did not provide an acceptable reason.
Accordingly, the unfair dismissal claim was struck out. No monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal said the claimant complained of unfair dismissal, but section 108 of the Employment Rights Act 1996 requires at least two years' service. It found the claimant had less than two years' service and had not given an acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- section 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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