Mr S Fox v C H Barnett Ltd — 2024

Case reference: 1307923/2023
Decision date: 15 April 2024
Jurisdiction: England & Wales
Judge: Employment Judge Maxwell Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr S Fox

Respondent

C H Barnett Ltd

Key findings

Tribunal's reasoning

The tribunal struck out Mr S Fox's unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 required at least two years' service in order to bring such a complaint, and that Mr Fox had been employed by C H Barnett Ltd for less than two years.

The tribunal also recorded that Mr Fox was given an opportunity to explain why the complaint should not be struck out, but he did not provide an acceptable reason. It therefore struck out the unfair dismissal complaint. The judgment stated 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 said the claimant had been employed for less than two years, so he was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. 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

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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How we got this data

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