Case 1405664/2023 · Employment Tribunal
Mr K Farrell v Carbon recruitment — 2024
- Case reference
- 1405664/2023
- Decision date
- 19 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Roper Date
Parties
2 namedClaimant
Mr K Farrell
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr K Farrell's unfair dismissal complaint against Carbon Recruitment. Employment Judge Roper held that section 108 of the Employment Rights Act 1996 requires not less than two years' service for an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
Because the statutory qualifying period was not met, the tribunal found that the claimant was not entitled to bring the unfair dismissal complaint. The judgment also records that the claimant was given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
The tribunal therefore struck out the unfair dismissal complaint. The judgment states that the claimant's other complaints were not affected by this decision, but it does not identify or determine them.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the claimant had less than two years' service and was therefore not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. It also says 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.