Case 2404464/2023 · Employment Tribunal
Mr J Rutherford v Sep construction — 2023
- Case reference
- 2404464/2023
- Decision date
- 14 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Howard Date
Parties
2 namedClaimant
Mr J Rutherford
Respondent
Key findings
Tribunal's reasoningMr J Rutherford brought a complaint of unfair dismissal against Sep Construction. The tribunal held that section 108 of the Employment Rights Act 1996 required two years' service before an unfair dismissal complaint could be brought, and found that the claimant had been employed for less than two years.
On that basis, the tribunal concluded that the claimant was not entitled to bring the unfair dismissal complaint. It also recorded that, despite being given the opportunity, the claimant did not provide an acceptable reason why the complaint should not be struck out.
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 | The tribunal struck out the unfair dismissal complaint because section 108 ERA 1996 requires two years' service and the claimant had less than two years' service. The judgment also records that 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- 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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