Case 1602387/2024 · Employment Tribunal
Miss H O'Brien v British Telecommunications plc — 2024
- Case reference
- 1602387/2024
- Decision date
- 28 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sharp Date
Parties
2 namedClaimant
Miss H O'Brien
Respondent
Key findings
Tribunal's reasoningMiss H O'Brien brought a complaint of unfair dismissal against BT. The tribunal held that section 108 of the Employment Rights Act 1996 requires two years' service before a claimant can bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
On that basis, the tribunal concluded that the claimant was not entitled to bring the complaint. It also recorded that the claimant had been given the opportunity to provide an acceptable reason why the complaint should not be struck out, but did not do so. The unfair dismissal complaint was therefore struck out.
The judgment states that the claimant's other complaints 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 struck out the unfair dismissal complaint because the claimant had less than two years' service and was therefore not entitled to bring such a complaint under section 108 ERA 1996. The claimant did not give an acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.108 ERA 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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