Mr N McIntyre v Asda Stores Limited — 2025

Case reference: 3301848/2025
Decision date: 13 August 2025
Jurisdiction: England & Wales
Judge: Employment Judge Anstis Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr N McIntyre

Respondent

Asda Stores Limited

Key findings

Tribunal's reasoning

The claimant, Mr N McIntyre, brought a complaint of unfair dismissal against Asda Stores Ltd. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.

Because the statutory qualifying period was not met, the tribunal concluded that the claimant was not entitled to bring the unfair dismissal complaint. It also noted that the claimant did not give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The complaint of unfair dismissal 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 ERA 1996 required at least two years' service for an unfair dismissal complaint, and found the claimant had less than two years' service.	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.

Open official judgment PDF on gov.uk

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