Case 2604062/2020 · Employment Tribunal
Mr M Facey v Biffa Leicester Ltd — 2020
- Case reference
- 2604062/2020
- Decision date
- 4 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Swann Date
Parties
2 namedClaimant
Mr M Facey
Respondent
Key findings
Tribunal's reasoningMr M Facey brought a complaint of unfair dismissal against Biffa Leicester Ltd. The tribunal identified the issue as one of length of service under section 108 of the Employment Rights Act 1996, which requires not less than two years' service for an ordinary unfair dismissal complaint.
The tribunal found that the claimant had been employed for less than two years. It therefore held that he was not entitled to bring the proceedings. The reasons record that he was given an opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason.
Accordingly, the whole claim was struck out by Employment Judge Swann on 4 December 2020. No monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal treated the matter as an unfair dismissal complaint and struck it out because the claimant had less than two years' service and was therefore not entitled to bring the claim. | 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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