Case 2417510/2020 · Employment Tribunal
Mr D Statham v Iesa — 2021
- Case reference
- 2417510/2020
- Decision date
- 2 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr D Statham
Respondent
Key findings
Tribunal's reasoningMr D Statham brought a complaint of unfair dismissal against Iesa. The tribunal held that section 108 of the Employment Rights Act 1996 required two years' service to pursue an unfair dismissal claim, and found that Mr Statham had been employed for less than two years.
On that basis, the tribunal concluded that he was not entitled to bring the proceedings. It also recorded that he had been given the opportunity to explain why the complaint should not be struck out, but had not given an acceptable reason.
The judgment therefore states that the claim is struck out. The hearing listed for 24 March 2021 was vacated.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant brought a complaint of unfair dismissal. The tribunal struck out the claim because section 108 ERA 1996 requires two years' service and the claimant had less than two years' service; he did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | 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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