Case 3311692/2023 · Employment Tribunal
Mr S Summerbee v Morgan Sindall — 2025
- Case reference
- 3311692/2023
- Decision date
- 5 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Alliott Date
Parties
2 namedClaimant
Mr S Summerbee
Respondent
Key findings
Tribunal's reasoningMr S Summerbee brought a complaint of unfair dismissal against Morgan Sindall. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service to present an unfair dismissal claim, and found that the claimant had been employed for less than two years.
On that basis, the tribunal concluded that Mr Summerbee was not entitled to bring the unfair dismissal proceedings. It also recorded that he was given the opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
The claim was therefore struck out. No monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service and was therefore not entitled to bring the proceedings under section 108 ERA 1996. | 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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