Mr I Walters v Laing O'Rourke Ltd — 2019

Case reference: 2410166/2019
Decision date: 12 November 2019
Jurisdiction: England & Wales
Judge: Employment Judge Parkin Date

Indexed: 22 May 2026

Parties

2 named

Claimant

Mr I Walters

Respondent

Laing O'Rourke Ltd

Key findings

Tribunal's reasoning

Mr I Walters brought a single complaint of unfair dismissal against Laing O'Rourke. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal complaint.

It found that the claimant had been employed for less than two years. On that basis, the tribunal held that he was not entitled to bring the proceedings.

The claimant was given an opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason. The tribunal therefore struck out the claim.

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 did not therefore have entitlement to bring the claim under section 108 ERA 1996. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but did not do so.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

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Open official judgment PDF on gov.uk

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