Mr D Foster v Orion Motors — 2019

Case reference: 2411394/2019
Decision date: 6 November 2019
Jurisdiction: England & Wales
Judge: Employment Judge Ross Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr D Foster

Respondent

Orion Motors

Key findings

Tribunal's reasoning

The tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service to bring an unfair dismissal claim, and found that Mr Foster had been employed by Orion Motors for less than two years.

On that basis, the tribunal found he was not entitled to bring the complaint and struck it out. It also recorded that the claimant had been given an opportunity to explain why the complaint should not be struck out, but had not given an acceptable reason. The judgment stated that the claimant's other complaints were not affected by this decision.

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 section 108 ERA 1996 requires two years' service and the claimant had less than two years' service. The claimant did not provide an acceptable reason, despite being given the opportunity, why the complaint should not be struck out.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The 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

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