Case 2601391/2021 · Employment Tribunal
Mr. O Trinh v Pertemps Recruitment Partnership Limited — 2021
- Case reference
- 2601391/2021
- Decision date
- 9 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Victoria Butler
Parties
2 namedClaimant
Mr. O Trinh
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 required at least two years' service before an unfair dismissal claim could be brought, and found that Mr. O Trinh had been employed for less than two years.
Because the statutory qualifying period was not met, the claimant was not entitled to pursue the unfair dismissal complaint. The tribunal also recorded that he had been given an opportunity to explain why the complaint should not be struck out, but he did not provide an acceptable reason.
The judgment therefore struck out the unfair dismissal complaint. It also stated that the claimant's other complaints were not affected by 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 therefore was not entitled to bring an unfair dismissal complaint under section 108 Employment Rights Act 1996. | 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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