Case 2400170/2020 · Employment Tribunal
Mr P Smith v Advanced Medical Solutions Limited — 2020
- Case reference
- 2400170/2020
- Decision date
- 30 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough
Parties
2 namedClaimant
Mr P Smith
Respondent
Key findings
Tribunal's reasoningMr P Smith presented a complaint of unfair dismissal against Advanced Medical Solutions. The tribunal held that section 108 of the Employment Rights Act 1996 required two years' service for an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
On that basis, the tribunal found that the claimant was not entitled to bring the proceedings. It also recorded that the claimant failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.
The judgment accordingly struck out the claim. No monetary remedy was awarded or recorded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and was therefore not entitled to bring the proceedings. The claimant did not provide an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.108 ERA 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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