Case 2405472/2020 · Employment Tribunal
Mr M Whalley v Graycon Hospitality Ltd — 2020
- Case reference
- 2405472/2020
- Decision date
- 1 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr M Whalley
Respondent
Key findings
Tribunal's reasoningThe tribunal considered the claimant's unfair dismissal complaint against Graycon Hospitality Ltd. It held that section 108 of the Employment Rights Act 1996 required at least two years' service to bring such a complaint, and found that the claimant had been employed for less than two years.
Because the statutory qualifying period was not met, the tribunal found that the claimant was not entitled to pursue the unfair dismissal complaint. The claimant 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 | The tribunal held that the claimant had less than two years' service, so section 108 ERA 1996 meant he was not entitled to bring an unfair dismissal complaint. He was given an opportunity to explain why the complaint should not be struck out but did not provide 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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