Case 3302322/2023 · Employment Tribunal
Mr C Marks-Tinnion v Gardner's Books Ltd — 2023
- Case reference
- 3302322/2023
- Decision date
- 27 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Warren Date
Parties
2 namedClaimant
Mr C Marks-Tinnion
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr C Marks-Tinnion, presented a complaint of unfair dismissal against Gardner's Books Ltd. Employment Judge Warren Date 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 claimant did not meet the statutory qualifying service requirement, the tribunal held that he was not entitled to bring the unfair dismissal complaint. The judgment also records that he was given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
The tribunal therefore struck out the unfair dismissal 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 struck out the unfair dismissal complaint because section 108 ERA 1996 requires at least two years' service and the claimant had less than two years' service. The claimant did not provide an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.108 ERA 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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