Case 2600494/2023 · Employment Tribunal
Mr. O Faulkner v Click Car Del — 2023
- Case reference
- 2600494/2023
- Decision date
- 12 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Butler Date
Parties
2 namedClaimant
Mr. O Faulkner
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's complaint of unfair dismissal. It recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service in order to bring such a complaint, and found that Mr. Faulkner had been employed by Click Car Del for less than two years.
On that basis, the tribunal concluded that he was not entitled to bring an unfair dismissal complaint. 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 states that the claimant's complaints of unpaid wages, notice pay and failure to provide written pay details would proceed separately.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the claimant was employed for less than two years, so section 108 ERA 1996 prevented him from bringing an unfair dismissal complaint. | 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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