Case 2304855/2022 · Employment Tribunal
Mr D McLoughlin v Sweetmile Limited — 2025
- Case reference
- 2304855/2022
- Decision date
- 4 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspinall Date
Parties
2 namedClaimant
Mr D McLoughlin
Respondent
Key findings
Tribunal's reasoningMr D McLoughlin brought a claim of unfair dismissal against Sweetmile Limited. By letter dated 22 March 2024, the tribunal gave him an opportunity to make representations or request a hearing on why the claim should not be struck out.
The tribunal noted that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal complaint. It found that the claimant had been employed for less than two years, so he was not entitled to bring these proceedings.
The claimant did not give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The tribunal therefore struck out the claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service and was therefore not entitled to bring the proceedings under section 108 ERA 1996. | Struck out | — | — |
Legal tests applied
1 reference- section 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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