Case 1310777/2020 · Employment Tribunal
Mr C Jones v Nigel Barker — 2021
- Case reference
- 1310777/2020
- Decision date
- 6 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gaskell
Parties
2 namedClaimant
Mr C Jones
Respondent
Key findings
Tribunal's reasoningMr C Jones brought a complaint of unfair dismissal against Nigel Barker. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
Because the qualifying service requirement was not met, the tribunal held that the claimant was not entitled to bring the unfair dismissal complaint. It also noted that the claimant had been given the opportunity to explain why the complaint should not be struck out, but had not given an acceptable reason.
The judgment therefore struck out the unfair dismissal complaint. The tribunal stated that the claimant's other complaints were not affected by this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had been employed for less than two years, so section 108 ERA 1996 prevented him from bringing an unfair dismissal complaint. He 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 ERA 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
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