Case 2408865/2022 · Employment Tribunal
Mr N Neary v Atlas Contractors Ltd — 2022
- Case reference
- 2408865/2022
- Decision date
- 19 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Holmes Date
Parties
2 namedClaimant
Mr N Neary
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr N Neary, brought a complaint of unfair dismissal against Atlas Contractors Ltd. The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service for an unfair dismissal complaint, 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 complaint. It also recorded that the claimant had been given the opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason. The unfair dismissal complaint was therefore struck out, and the tribunal stated that the claimant's other complaints were not affected by this judgment.
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 he was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. | 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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