Case 1403767/2023 · Employment Tribunal
Mr O Cush v Bylor Services Ltd — 2023
- Case reference
- 1403767/2023
- Decision date
- 7 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dawson Date
Parties
2 namedClaimant
Mr O Cush
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr O Cush's unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service to bring an unfair dismissal claim, and that Mr O Cush had been employed by Bylor Services Ltd for less than two years.
Mr O Cush was given an opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason. The tribunal therefore struck out the unfair dismissal complaint. It recorded 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 | Struck out because the claimant had less than two years' service, so section 108 of the Employment Rights Act 1996 meant he was not entitled to bring an unfair dismissal complaint. 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 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
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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