Mrs I Nichifor v Baxi Heating UK Ltd — 2023

Case reference: 1304558/2023
Decision date: 5 October 2023
Jurisdiction: England & Wales
Judge: Employment Judge Wedderspoon

Indexed: 23 May 2026

Parties

2 named

Claimant

Mrs I Nichifor

Respondent

Baxi Heating UK Ltd

Key findings

Tribunal's reasoning

The tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires two years' service before a claimant can bring an unfair dismissal complaint, and found that Mrs I Nichifor had been employed by Baxi Heating UK Ltd for less than two years.

Because the claimant was not entitled to bring the complaint, and did not provide an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out, the tribunal struck out the unfair dismissal complaint. The judgment records 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 the claimant had less than two years' service and was therefore not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. The claimant did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out.	Struck out	—	—

Legal tests applied

2 references

Official outcome judgment PDF

Gov.uk primary record

The 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

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