Case 2406289/2020 · Employment Tribunal
Mr D Hoy v Birtenshaw — 2020
- Case reference
- 2406289/2020
- Decision date
- 1 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater Date
Parties
2 namedClaimant
Mr D Hoy
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and that Mr Hoy had been employed for less than two years.
The tribunal recorded that the claimant did not give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. On that basis, the unfair dismissal complaint was struck out.
The judgment states that the claimant's complaints of disability discrimination were not affected by this decision. No remedy was awarded in this judgment.
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 did not have an acceptable reason for the complaint not to 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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