Case 1301327/2022 · Employment Tribunal
Mr M Gafur v Magna Specialist Confectioners Limited — 2022
- Case reference
- 1301327/2022
- Decision date
- 20 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wedderspoon
Parties
2 namedClaimant
Mr M Gafur
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr M Gafur, brought a complaint of unfair dismissal against Magna Specialist Confectioners Limited. Employment Judge Wedderspoon held that the complaint could not proceed because section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service in order to bring an unfair dismissal claim.
The tribunal found that the claimant had been employed for less than two years. It also recorded that he was given the opportunity to provide an acceptable reason why the complaint should not be struck out, but he did not do so. The unfair dismissal complaint was therefore struck out.
The judgment states that the claimant's other complaints were not affected by this decision. No remedy was awarded in 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 been employed for less than two years, so he was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. He was given an opportunity to explain why the complaint should not be struck out but did not give 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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