Case 2300916/2023 · Employment Tribunal
Mr P King v DIA Systems Ltd — 2023
- Case reference
- 2300916/2023
- Decision date
- 22 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leith
Parties
2 namedClaimant
Mr P King
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint. By letter dated 23 March 2023, it invited the claimant to make representations or request a hearing on why the complaint should not be struck out because it appeared to have no reasonable prospect of success, in that the claimant did not appear to have two years' service as required by section 108 of the Employment Rights Act 1996.
The claimant did not make written representations, did not make sufficient representations, and did not request a hearing. The tribunal therefore struck out the unfair dismissal complaint under rule 37.
The judgment records that the claimant's remaining claims of breach of contract, unauthorised deduction from wages, and failure to pay annual leave remained listed for hearing on 29 September 2023.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out under rule 37 after the tribunal gave the claimant an opportunity to make representations or request a hearing; the tribunal noted the complaint appeared to have no reasonable prospect of success because the claimant did not appear to have two years' service under s.108 ERA 1996. | Struck out | — | — |
Legal tests applied
2 references- rule 37
- 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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