Case 6001948/2023 · Employment Tribunal
Mr D York v Bakers Waste — 2024
- Case reference
- 6001948/2023
- Decision date
- 10 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Welch Date
Parties
2 namedClaimant
Mr D York
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr D York, brought a complaint of unfair dismissal against Bakers Waste. The tribunal held that section 108 of the Employment Rights Act 1996 required two years' service for an unfair dismissal complaint, and found that Mr York had been employed for less than two years.
Because the statutory qualifying period was not met, the tribunal found that he was not entitled to bring the unfair dismissal complaint. It also recorded that he had been given an opportunity to explain why the complaint should not be struck out, but had failed to give an acceptable reason.
The complaint of unfair dismissal was therefore struck out. 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 the claimant had less than two years' service, so section 108 ERA 1996 prevented him from bringing an unfair dismissal complaint. He was given an opportunity to explain why the complaint should not be struck out but did not provide an acceptable reason. | 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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