Case 2408934/2022 · Employment Tribunal
Mr J Binstead v Jackson's Skips and Recycling — 2022
- Case reference
- 2408934/2022
- Decision date
- 23 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McDonald Date
Parties
2 namedClaimant
Mr J Binstead
Respondent
Key findings
Tribunal's reasoningMr J Binstead brought a claim of unfair dismissal against Jackson's Skips and Recycling. The tribunal held that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service in order to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
On that basis, the tribunal decided that the claimant was not entitled to bring the proceedings. It also recorded that the claimant had failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The judgment therefore states that the claim was struck out. No monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment says the claimant complained of unfair dismissal, but the claim was struck out because section 108 of the Employment Rights Act 1996 requires two years' service and the claimant had less than two years' service. | Struck out | — | — |
Legal tests applied
1 reference- s.108 ERA 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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