L Dyke v The Gamekeepers Pub Woodlands and S A Cocks: 6001824/2025 L Dyke v The Gamekeepers Pub Woodlands and S A Cocks: 6001824/2025
EMPLOYMENT TRIBUNALS
Case No 6001824/2025
Between
L DykeClaimantThe Gamekeepers Pub, WoodlandsRespondent
Before
Employment Judge VolkmerDate 12 February 2026
JUDGMENT
[1]The complaint of unfair dismissal under the Employment Rights Act 1996 (“ERA”) is struck out under Employment Tribunal Rule 38(1)(a) because it has no reason- able prospect of success.
REASONS
[1]The claimant complains, amongst other things, of unfair dismissal.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint.[3]On 23 February 2025 the Tribunal wrote to the Claimant as follows: […] In your claim form one of your complaints is that you were unfairly dismissed. Under section 108 of the Employment Rights Act 1996 claimants are not entitled to bring a complaint of unfair dismissal unless they were employed for two years or more except in certain specific circumstances which do not seem to apply in your case. It appears from your claim that you were employed for less than two years. If so, the Tribunal cannot consider your complaint that you were unfairly dismissed. As you do not appear to be entitled to bring that part of your claim an Employment Judge is proposing to strike it out. This does not affect the other complaints in your claim form. You have until 03 March 2025 to give reasons in writing why your complaint of unfair dismissal should not be struck out. […][4]The Claimant did not respond and set out no basis for concluding that he was employed by the respondent for two years or more.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the claim is struck out. Approved by Employment Judge Woodhead Date: 2 June 2025[1]The claim was presented in the Bristol Employment Tribunal on 18 January 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £3,467.91 gross.[3]The respondent must pay the claimant £3,467.91 in total within 14 days of this judgment being sent to the parties. Approved by: