Case 3305311/2020 · Employment Tribunal
Mr J Kirkby v Turtle Tree Technology Limited — 2020
- Case reference
- 3305311/2020
- Decision date
- 1 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gumbiti-Zimuto Date
Parties
2 namedClaimant
Mr J Kirkby
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr J Kirkby, brought a complaint of unfair dismissal against Turtle Tree Technology Limited. In a judgment dated 1 December 2020, Employment Judge Gumbiti-Zimuto recorded that the complaint was struck out.
The reason given was section 108 of the Employment Rights Act 1996, which requires two years' service to bring an unfair dismissal claim. The tribunal found that the claimant had been employed for less than two years and therefore was not entitled to pursue the complaint.
The tribunal also noted that the claimant had been given the opportunity to provide an acceptable reason why the complaint should not be struck out, but had failed to do so. On that basis, the complaint of unfair dismissal was struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had less than two years' service, so he was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out, but did not give an acceptable reason. | Struck out | — | — |
Legal tests applied
1 reference- section 108 of the 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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