Case 1402995/2020 · Employment Tribunal
Mr J Chianalino v First MTR South Western Trains Limited t/a South Western Railway — 2020
- Case reference
- 1402995/2020
- Decision date
- 3 November 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner Date
Parties
2 namedClaimant
Mr J Chianalino
Key findings
Tribunal's reasoningMr J Chianalino brought a complaint of unfair dismissal against First MTR South Western Trains Limited t/a South Western Railway. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
Because the claimant did not satisfy the statutory qualifying period, the tribunal held that he was not entitled to bring the proceedings. It also noted that he had been given the opportunity to explain why the complaint should not be struck out, but had failed to give an acceptable reason.
The judgment further states that the claimant did not respond to provide clarification of his case or say how he wished any matter to be dealt with. The tribunal therefore struck out the claim, and said that any remaining claim would also be struck out for failing actively to pursue the claim and for non-compliance with tribunal orders.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment records a single complaint of unfair dismissal. It was struck out because the claimant had less than two years' service, did not meet the section 108 Employment Rights Act 1996 threshold, and did not give an acceptable reason why the complaint should not be struck out. The judgment also says the claimant did not respond to clarify his case or state how he wished the matter to be dealt with, and that any remaining claim was struck out for failing actively to pursue the claim and for non-compliance with tribunal orders. | 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.
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