Case 1401892/2019 · Employment Tribunal
Mr J Clark v Devizes Textiles Ltd — 2019
- Case reference
- 1401892/2019
- Decision date
- 6 June 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Pirani
Parties
2 namedClaimant
Mr J Clark
Respondent
Key findings
Tribunal's reasoningMr J Clark brought a claim of unfair dismissal against Devizes Textiles Ltd. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service before a claimant can bring an unfair dismissal complaint.
The tribunal found that Mr Clark had been employed for less than two years. It therefore held that he was not entitled to bring the proceedings. The claimant was also given an opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason.
Accordingly, the whole claim was struck out. The judgment records no award of compensation or other remedy.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment struck out the whole claim because the claimant had less than two years' service and was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. | 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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