Case 2402942/2019 · Employment Tribunal
Mr M Devine v Richard McGarvey & Co Wealth Management — 2019
- Case reference
- 2402942/2019
- Decision date
- 14 May 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Howard Date
Parties
2 namedClaimant
Mr M Devine
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant’s unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 required two years’ service for such a claim, and found that Mr Devine had been employed for less than two years. On that basis, he was not entitled to bring the complaint.
The tribunal also noted that Mr Devine was given the opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason. The complaint of unfair dismissal was therefore struck out.
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 | Struck out because the claimant had less than two years' service and was therefore not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. The claimant 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- section 108 Employment Rights Act 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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