Case 3200127/2024 · Employment Tribunal
Mr J Thomas v Bywaters (Leyton) Ltd — 2024
- Case reference
- 3200127/2024
- Decision date
- 10 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Beyzade Date
Parties
2 namedClaimant
Mr J Thomas
Respondent
Key findings
Tribunal's reasoningMr J Thomas brought a complaint of unfair dismissal against Bywaters (Leyton) Ltd. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires two years' service before a claimant can bring an unfair dismissal complaint.
The tribunal found that the claimant had been employed for less than two years. On that basis, it held that he was not entitled to bring the proceedings. It also noted that the claimant had been given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
The judgment therefore struck out the unfair dismissal claim. No monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and therefore was not entitled to bring the claim under section 108 of the Employment Rights Act 1996. The reasons also record that the claimant was given an opportunity to explain why the complaint should not be struck out but did not give an acceptable reason. | 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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