Mr B McGill v Dvsa — 2023

Case reference: 2401429/2023
Decision date: 2 March 2023
Jurisdiction: England & Wales
Judge: Employment Judge Ainscough Date

Indexed: 21 May 2026

Parties

2 named

Claimant

Mr B McGill

Respondent

Dvsa

Key findings

Tribunal's reasoning

Mr B McGill brought a single complaint of unfair dismissal against DVSA. The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service before an unfair dismissal complaint could be brought.

It found that the claimant had been employed for less than two years. On that basis, the tribunal concluded that he was not entitled to bring the proceedings.

The claimant was given an opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason. The claim was therefore struck out.

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, so he was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. He did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out.	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.

Open official judgment PDF on gov.uk

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