Case 1601293/2023 · Employment Tribunal
Mr O Leng v Samuel Batten — 2023
- Case reference
- 1601293/2023
- Decision date
- 11 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sharp Date
Parties
2 namedClaimant
Mr O Leng
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr O Leng, brought a complaint of unfair dismissal against Samuel Batten. The tribunal 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.
The tribunal found that Mr Leng had been employed for less than two years. It therefore held that he was not entitled to bring the proceedings. The claimant was given an opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason.
On that basis, the tribunal struck out the unfair dismissal claim. No monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that section 108 ERA 1996 required at least two years' service; the claimant had less than two years' service and 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- 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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