Case 6030526/2025 · Employment Tribunal
Gavin Jenkins v Department for Work and Pensions — 2025
- Case reference
- 6030526/2025
- Decision date
- 2 December 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McTigue Date
Parties
2 namedClaimant
Gavin Jenkins
Respondent
Key findings
Tribunal's reasoningThe claimant, Gavin Jenkins, brought a complaint of unfair dismissal against the Department for Work and Pensions. The tribunal 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.
The tribunal found that the claimant had been employed for less than two years. On that basis, it concluded that the claimant was not entitled to bring an unfair dismissal complaint. It also recorded that the claimant failed to provide an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.
Accordingly, the complaint of unfair dismissal was struck out. The judgment states that the claimant's other complaints were not affected by this decision.
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 two years' service for an unfair dismissal complaint, found that the claimant had been employed for less than two years, and struck out the complaint after the claimant did not give an acceptable reason, despite being given the opportunity, why it 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.