Case 1403729/2023 · Employment Tribunal
D Flemming v JobandTalentandDHL — 2023
- Case reference
- 1403729/2023
- Decision date
- 18 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Self Date
Parties
2 namedClaimant
D Flemming
Respondent
Key findings
Tribunal's reasoningThe claimant, D Flemming, brought a complaint of unfair dismissal against JobandTalentandDHL. Employment Judge Self recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service for an unfair dismissal complaint.
The tribunal found that the claimant had been employed for less than two years and was therefore not entitled to bring the unfair dismissal claim. It also found that, despite being given the opportunity, the claimant did not provide an acceptable reason why the complaint should not be struck out. 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 struck out the unfair dismissal complaint because the claimant had less than two years' service and therefore was not entitled to bring the claim under section 108 of the Employment Rights Act 1996. 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.
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