Case 2400258/2020 · Employment Tribunal
Mr T O'Connor v Total Fitness Health Clubs Limited — 2020
- Case reference
- 2400258/2020
- Decision date
- 14 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten Date
Parties
2 namedClaimant
Mr T O'Connor
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires at least two years' service to pursue an unfair dismissal claim, and that Mr O'Connor had been employed by the respondent for less than two years.
The tribunal also recorded that the claimant was given the opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason. 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 the claimant had less than two years' service and was therefore not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant was also given an opportunity to explain why the complaint should not be struck out but did not give an acceptable reason. | 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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