Case 2402613/2020 · Employment Tribunal
Mr S Amos v James Fisher Nuclear Limited — 2020
- Case reference
- 2402613/2020
- Decision date
- 30 June 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr S Amos
Respondent
Key findings
Tribunal's reasoningMr S Amos brought a claim of unfair dismissal against James Fisher Nuclear Ltd. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service in order to bring an unfair dismissal complaint.
The tribunal found that the claimant had been employed for less than two years. It therefore held that he was not entitled to bring these proceedings. The claimant was given an opportunity to explain why the complaint should not be struck out, but he failed to give an acceptable reason.
Accordingly, the claim was struck out. No remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal said section 108 ERA 1996 requires at least two years' service for an unfair dismissal complaint, and that the claimant had less than two years' service. The claimant was 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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