Mr R Foster v B&M Retail Ltd — 2020

Case reference: 1800053/2020
Decision date: 23 January 2020
Jurisdiction: England & Wales
Judge: Employment Judge Davies

Indexed: 19 May 2026

Parties

2 named

Claimant

Mr R Foster

Respondent

B&M Retail Ltd

Key findings

Tribunal's reasoning

The claimant complained of unfair dismissal. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service to make an unfair dismissal complaint.

The tribunal found that the claimant had been employed by the respondent for less than two years. It also found that, despite being given the opportunity to do so, the claimant had not given an acceptable reason why the qualifying period should not apply in his case. The claim was therefore struck out.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The unfair dismissal complaint was struck out because the claimant had less than two years' service and did not give an acceptable reason why the two-year qualifying period should not apply.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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 The page will be withdrawn on receipt and the editor will follow up within five working days.