Case 2409203/2020 · Employment Tribunal
Mr M Beech v Samson Security — 2021
- Case reference
- 2409203/2020
- Decision date
- 16 April 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne
Parties
2 namedClaimant
Mr M Beech
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr M Beech's claim against Samson Security under Rule 37 of the Employment Tribunal Rules of Procedure 2013. It said one ground was that the claim was not being actively pursued, and it also referred to the ground that the claim had no reasonable prospect of success.
The tribunal recorded that it had written to the claimant on 10 August 2020, 29 January 2021 and 18 March 2021 inviting representations as to why the claim should not be struck out, or a request for the strike-out issue to be decided at a hearing. The latest letter stated that one proposed ground for strike-out was that the claim was not being actively pursued, but the claimant did not reply to any of the letters.
In addition, the tribunal noted section 108 of the Employment Rights Act 1996, under which an employee does not have the right to bring an unfair dismissal complaint unless they have two years' continuous employment ending with the effective date of termination, subject to exceptions. It stated that no exception appeared to apply in this case. The judgment therefore records that the claim was struck out and no monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the claim under Rule 37. It noted that the claimant did not reply to letters dated 10 August 2020, 29 January 2021, and 18 March 2021, and also observed that section 108 ERA 1996 requires two years' continuous employment for an unfair dismissal claim, with no exception appearing to apply. | Struck out | — | — |
Legal tests applied
2 references- Rule 37 of the Employment Tribunal Rules of Procedure 2013
- section 108 of the 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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