Case 2600494/2021 · Employment Tribunal
Mr A Darke v Orsted — 2021
- Case reference
- 2600494/2021
- Decision date
- 30 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson Date
Parties
2 namedClaimant
Mr A Darke
Respondent
Key findings
Tribunal's reasoningMr A Darke brought a claim of unfair dismissal against Orsted. The tribunal recorded that the claim was a whole-claim strike out judgment based on length of service.
The tribunal found that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint. It found that the claimant had been employed by the respondent for less than two years, so he was not entitled to pursue the proceedings.
The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out, but did not do so. 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 whole unfair dismissal claim because the claimant had less than two years' service and therefore was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but did not give an acceptable reason. | Struck out | — | — |
Legal tests applied
1 reference- section 108 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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