Case 3200284/2023 · Employment Tribunal
Mr J Miller v C & S Motor Group — 2023
- Case reference
- 3200284/2023
- Decision date
- 19 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Russell Date
Parties
2 namedClaimant
Mr J Miller
Respondent
Key findings
Tribunal's reasoningThe tribunal considered only the claimant's unfair dismissal complaint. It recorded that section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring such a complaint, and found that Mr J Miller had been employed by C & S Motor Group for less than two years.
Because the statutory qualifying period was not met, the tribunal held that the claimant was not entitled to bring an unfair dismissal complaint. It also found that he had not given an acceptable reason, despite having been given the opportunity to do so, why the complaint should not be struck out. The unfair dismissal complaint was therefore 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. It found the claimant had less than two years' service and had not given an acceptable reason why the complaint should not be struck out. | 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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