Case 2404864/2019 · Employment Tribunal
Mr D Hallworth v McColl’s Retail Group Ltd — 2019
- Case reference
- 2404864/2019
- Decision date
- 28 August 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter JUDGMENT
Parties
2 namedClaimant
Mr D Hallworth
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr D Hallworth, brought a complaint of unfair dismissal against McColl's Retail Group Limited. 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.
Because the statutory qualifying period was not met, the tribunal found the claimant was not entitled to bring the unfair dismissal complaint. It also recorded that the claimant had not given an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The judgment therefore struck out the unfair dismissal complaint, and stated that the claimant's other complaints were not affected by that decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held 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 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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