Case 3203066/2019 · Employment Tribunal
Mr W Maloney v Wingman Restaurants Ltd t/a Coqfighter — 2020
- Case reference
- 3203066/2019
- Decision date
- 22 June 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gardiner Date
Parties
2 namedClaimant
Mr W Maloney
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr W Maloney, brought a single claim of unfair dismissal against Wingman Restaurants Ltd t/a Coqfighter. The tribunal recorded 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.
The tribunal found that Mr Maloney had been employed for less than two years, so he was not entitled to bring the proceedings. It also noted that he had been given an opportunity to provide an acceptable reason why the complaint should not be struck out, but had not done so.
Accordingly, the claim was struck out. No monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant brought an unfair dismissal complaint, but the tribunal struck it out because section 108 of the Employment Rights Act 1996 required two years' service and the claimant had less than two years' service. | Struck out | — | — |
Legal tests applied
1 reference- s.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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