Case 3308130/2023 · Employment Tribunal
Mr D Nicholas v Kyra Enterprises Limited — 2024
- Case reference
- 3308130/2023
- Decision date
- 5 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lewis Date
Parties
2 namedClaimant
Mr D Nicholas
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 required the claimant to have at least two years' service in order to bring such a complaint, and found that he had been employed by the respondent for less than two years.
On that basis, the tribunal concluded that the claimant was not entitled to bring an unfair dismissal complaint. It also found that he had not provided an acceptable reason, despite having been given the opportunity to do so, why the complaint should not be struck out.
The judgment therefore struck out the unfair dismissal complaint. The tribunal stated that the claimant's other complaints were not affected by this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service for an unfair dismissal complaint, and found that the claimant had been employed for less than two years. The claimant did not give an acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- section 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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