Case 2407707/2023 · Employment Tribunal
Mr C Byrnes v Respondent — 2024
- Case reference
- 2407707/2023
- Decision date
- 15 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Holmes Date
Parties
1 namedClaimant
Mr C Byrnes
Respondent
- —
Key findings
Tribunal's reasoningBy letters dated 23 August 2023 and 24 November 2023, the tribunal gave Mr C Byrnes an opportunity to make representations or request a hearing on why his unfair dismissal claim should not be struck out. The tribunal identified that the claim was for unfair dismissal and that section 108 of the Employment Rights Act 1996 requires at least two years' service before such a complaint can be brought.
The tribunal found that Mr Byrnes had been employed by AO for less than two years. It recorded that he did not provide an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The judgment therefore ordered that the claim be struck out.
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 the claimant had less than two years' service and had not given an acceptable reason, despite being given an opportunity to make representations or request a hearing. | 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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