Case 1305503/2022 · Employment Tribunal
Mr N Smith v The Butcher’s Kitchen Limited — 2023
- Case reference
- 1305503/2022
- Decision date
- 17 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dean Date
Parties
2 namedClaimant
Mr N Smith
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr N Smith, brought a complaint of unfair dismissal against The Butcher’s Kitchen Limited. The tribunal held that section 108 of the Employment Rights Act 1996 required two years' service for an unfair dismissal claim, and found that Mr Smith 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 he had been given an opportunity to explain why the complaint should not be struck out, but he did not provide an acceptable reason.
The unfair dismissal complaint 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 | The tribunal held that the claimant had less than two years' service, so section 108 of the Employment Rights Act 1996 meant he was not entitled to bring an unfair dismissal complaint. He was given an opportunity to explain why the complaint should not be struck out but did not give 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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