Case 1801466/2023 · Employment Tribunal

Mr James Coston v Reds Restaurants Ltd — 2023

Case reference: 1801466/2023
Decision date: 29 August 2023
Jurisdiction: England & Wales
Judge: Employment Judge Miller Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr James Coston

Respondent

Reds Restaurants Ltd

Key findings

Tribunal's reasoning

The tribunal struck out Mr James Coston's unfair dismissal complaint against Reds Restaurants Ltd. It found that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal claim, and that Mr Coston had been employed for less than two years.

The tribunal also recorded that Mr Coston had been given the opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason. It therefore struck out the unfair dismissal complaint. 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 held that section 108 of the Employment Rights Act 1996 required two years' service for an unfair dismissal complaint, and that the claimant had been employed for less than two years. It also recorded that the claimant 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

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.

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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