Case 1600346/2023 · Employment Tribunal
Mr D Nicholls v OGM Plastics South Wales — 2023
- Case reference
- 1600346/2023
- Decision date
- 10 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Jenkins Date
Parties
2 namedClaimant
Mr D Nicholls
Respondent
Key findings
Tribunal's reasoningMr D Nicholls brought a claim of unfair dismissal against OGM Plastics South Wales. Employment Judge Jenkins decided the case on 10 October 2023 and recorded a judgment that the claim was struck out.
The tribunal held that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service to bring an unfair dismissal complaint. It found that Mr Nicholls had been employed for less than two years.
On that basis, the tribunal held that he was not entitled to bring the proceedings. It also recorded that, despite being given an opportunity to do so, the claimant did not give an acceptable reason why the complaint should not be struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant complained of unfair dismissal. The tribunal struck out the claim because section 108 of the Employment Rights Act 1996 requires at least two years' service, and the claimant had less than two years' service. The claimant was given an opportunity to explain why the complaint should not be struck out but did not give an acceptable reason. | 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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