Case 3300793/2021 · Employment Tribunal
Mr J. Burnley v Jonathan Upchurch trading as Upchurch Vehicle Services — 2021
- Case reference
- 3300793/2021
- Decision date
- 5 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mr A.
Parties
2 namedClaimant
Mr J. Burnley
Key findings
Tribunal's reasoningBy a letter dated 5 February 2021, the tribunal gave Mr Burnley an opportunity to make representations as to why his unfair dismissal claim should not be struck out. The tribunal noted that, from the claim form, he appeared to have been employed for less than two years and that it could not consider the complaint if the statutory qualifying period was not met.
Mr Burnley confirmed that he did not have the requisite two years' continuous service with the respondent. He did not make sufficient representations explaining why the unfair dismissal claim should not be struck out, and he did not request a hearing.
The tribunal therefore struck out the unfair dismissal claim. It also stated, for the avoidance of doubt, that no other claims or complaints were struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant lacked the requisite two years' continuous service and did not make sufficient representations or request a hearing in response to the strike-out warning. | Struck out | — | — |
Legal tests applied
1 reference- Rule 37 strike out
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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