Mr J Capewell v Phillips Tyres — 2020

Case reference: 1402085/2020
Decision date: 29 May 2020
Jurisdiction: England & Wales
Judge: Employment Judge Livesey Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr J Capewell

Respondent

Phillips Tyres

Key findings

Tribunal's reasoning

The claimant, Mr J Capewell, brought a claim of unfair dismissal against Phillips Tyres. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service in order to bring an unfair dismissal complaint, and found that Mr Capewell had been employed for less than two years.

The tribunal also recorded that the claimant did not give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The judgment therefore states that the whole claim was struck out.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal struck out the whole unfair dismissal claim because the claimant had less than two years' service and therefore was not entitled to bring the proceedings.	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

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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