Case 2600994/2022 · Employment Tribunal
Mr. A Foster v Oakfield Construction Ltd Ontime Business Services Ltd — 2022
- Case reference
- 2600994/2022
- Decision date
- 11 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Heap Date
Parties
2 namedClaimant
Mr. A Foster
Key findings
Tribunal's reasoningThe tribunal struck out the Claimant's unfair dismissal complaint. It recorded 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. A Foster had been employed for less than two years.
Because the service requirement was not met, the tribunal concluded that the Claimant was not entitled to bring the unfair dismissal complaint. It also noted that the Claimant had failed to give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out.
The judgment stated that the Claimant's separate complaint of discrimination relying on the protected characteristic of race was not affected by this decision. No remedy was awarded in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the Claimant had less than two years' service and 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- s.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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