Case 6001259/2023 · Employment Tribunal
Mr T Foster v Flogas Britain Limited — 2023
- Case reference
- 6001259/2023
- Decision date
- 30 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Clark Date
Parties
2 namedClaimant
Mr T Foster
Respondent
Key findings
Tribunal's reasoningMr T Foster brought a claim of unfair dismissal against Flogas Britain Limited. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service before an unfair dismissal complaint can be brought, unless an exception applies.
The claimant stated that he had been employed for less than two years. The tribunal found that he had not given any reason, despite being given the opportunity, why the complaint should not be struck out. On that basis, the claim was struck out.
No remedy was awarded, and the judgment did not record any separate compensation figure or other monetary award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal said the claimant complained of unfair dismissal, but section 108 ERA 1996 required two years' service. The claimant stated he had less than two years' service and gave no reason, despite the opportunity to do so, why the complaint should not be struck out. | Struck out | — | — |
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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