Case 2600679/2023 · Employment Tribunal

Mr S Thorpe v Philippa Lee Clarke — 2023

Case reference: 2600679/2023
Decision date: 26 June 2023
Jurisdiction: England & Wales
Judge: Employment Judge Hutchinson Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr S Thorpe

Respondent

Philippa Lee Clarke

Key findings

Tribunal's reasoning

The claimant, Mr S Thorpe, presented a complaint of unfair dismissal against Philippa Lee Clarke. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and found that Mr Thorpe had been employed for less than two years.

Because the qualifying service requirement was not met, the tribunal concluded that he was not entitled to bring the unfair dismissal complaint. It also found that he had failed to give an acceptable reason, despite being given the opportunity to do so, for why the complaint should not be struck out.

The unfair dismissal complaint was therefore struck out. The judgment states 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 found the claimant had less than two years' service, so he was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. 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

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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