Case 4105316/2020 · Employment Tribunal
Mr S Brown v John Robertson & Sons Hamcurers Ltd — 2021
- Case reference
- 4105316/2020
- Decision date
- 27 February 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge R Bradley
Parties
2 namedClaimant
Mr S Brown
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mr S Brown had not been continuously employed by John Robertson & Sons Hamcurers Ltd for a period of not less than two years ending with his effective date of termination. On that basis, the statutory qualifying period in section 108 of the Employment Rights Act 1996 was not met.
Because the claimant did not satisfy the two-year continuous employment requirement, the tribunal found it had no jurisdiction to determine the unfair dismissal claim. The claim was therefore dismissed. Oral reasons were given at the hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant had not been continuously employed for at least two years ending with his effective date of termination, as required by section 108 of the Employment Rights Act 1996, and so had no jurisdiction to determine the unfair dismissal claim. | Dismissed | — | — |
Legal tests applied
1 reference- s.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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