Ms A Pearce v RB - Allsort Limited — 2023

Case reference: 3201043/2023
Decision date: 15 August 2023
Jurisdiction: England & Wales
Judge: Employment Judge Burgher Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Ms A Pearce

Respondent

RB - Allsort Limited

Key findings

Tribunal's reasoning

Ms A Pearce brought a complaint of unfair dismissal against RB - Allsort Limited. The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service in order to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.

Because the claimant was not entitled to bring the unfair dismissal complaint, and did not give an acceptable reason despite being given the opportunity to do so, the tribunal struck out the complaint. 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 ERA 1996 required at least two years' service for an unfair dismissal complaint, found the claimant had less than two years' service, and struck out the complaint after she did not give an acceptable reason to avoid strike out.	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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