Case 1405070/2023 · Employment Tribunal
Mr L Cowan v Gap Group Limited — 2023
- Case reference
- 1405070/2023
- Decision date
- 17 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail Date
Parties
2 namedClaimant
Mr L Cowan
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service to bring an unfair dismissal complaint, and found that Mr L Cowan had been employed by GAP Group Limited for less than two years.
On that basis, the tribunal concluded that he was not entitled to bring the unfair dismissal complaint. It also noted that the claimant had been given an opportunity to explain why the complaint should not be struck out, but had failed to give an acceptable reason.
The judgment therefore struck out the unfair dismissal complaint. It expressly 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 section 108 of the Employment Rights Act 1996 required two years' service, that the claimant had less than two years' service, and that no acceptable reason was given why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- section 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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