Case 1309109/2020 · Employment Tribunal
Mr K Lowe v Missing Bar Ltd — 2020
- Case reference
- 1309109/2020
- Decision date
- 26 October 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Broughton
Parties
2 namedClaimant
Mr K Lowe
Respondent
Key findings
Tribunal's reasoningMr K Lowe brought a single unfair dismissal complaint against Missing Bar Ltd. The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service before an unfair dismissal claim could be brought, and found that the claimant had been employed for less than two years.
On that basis, the tribunal concluded that Mr Lowe was not entitled to bring the proceedings. It also recorded 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 whole claim was therefore struck out by Employment Judge Broughton on 26 October 2020.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal claim because the claimant had been employed for less than two years and therefore did not meet the s.108 ERA 1996 qualifying service requirement. The claimant did not give an acceptable reason, despite being given the opportunity, why the complaint 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.