J Hinchcliffe v Serco Limited — 2023

Case reference: 2402752/2023
Decision date: 16 May 2023
Jurisdiction: England & Wales
Judge: Employment Judge Batten Date

Indexed: 19 May 2026

Parties

2 named

Claimant

J Hinchcliffe

Respondent

Serco Limited

Key findings

Tribunal's reasoning

The claimant complained of unfair dismissal. The tribunal stated that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service to make an unfair dismissal complaint.

The tribunal found that the claimant had been employed by the respondent for less than two years and was therefore not entitled to bring the unfair dismissal proceedings. It also recorded that the claimant had not given an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. The claim was struck out.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The unfair dismissal complaint was struck out because the claimant had less than two years' service and did not provide an acceptable reason 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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How we got this data

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