Case 2403411/2023 · Employment Tribunal
Mr S Thomas Foster v My Space Housing Solutions — 2023
- Case reference
- 2403411/2023
- Decision date
- 17 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge KM Ross
Parties
2 namedClaimant
Mr S Thomas Foster
Respondent
Key findings
Tribunal's reasoningMr S Thomas Foster brought a single complaint of unfair dismissal against My Space Housing Solutions. Employment Judge KM Ross held that section 108 of the Employment Rights Act 1996 requires two years' service before an unfair dismissal complaint can be brought, and 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 reasons also record that the claimant was given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason. The tribunal therefore struck out the unfair dismissal claim. No monetary remedy was awarded or discussed in the judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal treated the only complaint as unfair dismissal and struck it out because the claimant had less than two years' service and therefore was not entitled to bring the claim under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but did not give an acceptable reason. | Struck out | — | — |
Legal tests applied
1 reference- s.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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