Case 1406138/2020 · Employment Tribunal
Mr I Smith v The Council of the Isles of Scilly — 2021
- Case reference
- 1406138/2020
- Decision date
- 14 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Street Date
Parties
2 namedClaimant
Mr I Smith
Respondent
Key findings
Tribunal's reasoningThe tribunal said the claimant complained of unfair dismissal, but section 108 of the Employment Rights Act 1996 required at least two years' service to bring that claim. It found that Mr I Smith had been employed by the respondent for less than two years.
The claimant confirmed that he was not bringing any claims for which there is no two-year service requirement and was given the opportunity to make representations. The tribunal held that he was not entitled to bring the unfair dismissal complaint, that it had no jurisdiction to consider it, and that the claim had no prospects of success, so the complaint was struck out.
The judgment stated that the claimant's other complaints under the Equality Act 2010 were not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was employed for less than two years, so he was not entitled to bring an unfair dismissal complaint and the tribunal had no jurisdiction to consider it. | Struck out | — | — |
Legal tests applied
2 references- section 111 Employment Rights Act 1996
- 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.
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 The page will be withdrawn on receipt and the editor will follow up within five working days.