Mr Adam Knell v Mr David Brooker — 2026

Case reference: 2304004/2022
Decision date: 26 April 2026
Jurisdiction: England & Wales
Judge: Employment Judge D Wright Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr Adam Knell

Respondent

Mr David Brooker

Key findings

Tribunal's reasoning

The tribunal struck out Mr Adam Knell's unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 required at least two years' service to bring such a claim, and that Mr Knell had been employed by Mr David Brooker for less than two years.

The judgment noted Mr Knell's reliance on the Respondent's alleged failure to pay minimum wage, but held that this did not remove the qualifying service requirement for an unfair dismissal complaint. It also recorded that he had been given an opportunity to explain why the claim should not be struck out, but did not give an acceptable reason. The judgment stated 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	Struck out because the Claimant had less than two years' service, so he was not entitled to bring an unfair dismissal complaint under s.108 ERA 1996.	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.

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 The page will be withdrawn on receipt and the editor will follow up within five working days.