Case 1600610/2022 · Employment Tribunal
Mr N Parkes v International Safety Components Limited — 2022
- Case reference
- 1600610/2022
- Decision date
- 2 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Russell Date
Parties
2 namedClaimant
Mr N Parkes
Respondent
Key findings
Tribunal's reasoningMr N Parkes brought a complaint of unfair dismissal, described in the reasons as constructive dismissal. The tribunal recorded that he had been employed by International Safety Components Limited for less than two years, so the statutory qualifying period in section 108 of the Employment Rights Act 1996 was not met.
The claimant was given an opportunity to explain why the complaint should not be struck out. His stated reason was that the constructive dismissal was discriminatory, and the tribunal noted that no minimum length of service is required for a discriminatory dismissal. It treated that as a different complaint from the unfair dismissal complaint subject to section 108.
On that basis, the tribunal held that it could not consider the unfair dismissal complaint and struck it out. The judgment also states that the claimant’s other complaints were not affected by this decision. No remedy was awarded in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint was described as unfair dismissal (constructive). The tribunal struck it out because the claimant had less than two years' service and therefore did not satisfy the qualifying period under section 108 ERA 1996. | 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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