Mr M Stewart v NDT Service Limited — 2021

Case reference: 2601867/2021
Decision date: 21 September 2021
Jurisdiction: England & Wales
Judge: Employment Judge Victoria Butler

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr M Stewart

Respondent

NDT Service Limited

Key findings

Tribunal's reasoning

The claimant, Mr M Stewart, brought a complaint of unfair dismissal against NDT Service Limited. Employment Judge Victoria Butler held that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service to bring an unfair dismissal complaint, and found that Mr Stewart had been employed for less than two years.

The tribunal also noted that the claimant had not given an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. On that basis, the unfair dismissal complaint was 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 held that section 108 of the Employment Rights Act 1996 required at least two years' service for an unfair dismissal complaint, and found the claimant had less than two years' service.	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

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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