Case 1403720/2022 · Employment Tribunal
Mr J Dias v Dough & Co Swindon Limited — 2023
- Case reference
- 1403720/2022
- Decision date
- 25 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cadney Date
Parties
2 namedClaimant
Mr J Dias
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal claim, and that Mr Dias had been employed for less than two years.
The tribunal recorded that Mr Dias was given an opportunity to explain why the complaint should not be struck out, but he did not give an acceptable reason. It therefore struck out the unfair dismissal complaint. The judgment stated that the claimant's other complaints, including unpaid holiday entitlement and wages, were not affected and would still proceed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had less than two years' service, so he was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. He also failed to give an acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.108 ERA 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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