Case 1405723/2020 · Employment Tribunal
Mr J Wencius v Atlas Facilities Management Limited — 2020
- Case reference
- 1405723/2020
- Decision date
- 9 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Roper
Parties
2 namedClaimant
Mr J Wencius
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It held that 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, and found that Mr Wencius had been employed by Atlas Facilities Management Ltd for less than two years.
Because that qualifying service requirement was not met, the tribunal concluded that the claimant was not entitled to pursue the unfair dismissal complaint. It also recorded that the claimant failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.
The judgment therefore struck out the unfair dismissal complaint. It stated 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 struck out the unfair dismissal complaint because section 108 of the Employment Rights Act 1996 requires at least two years' service, and the claimant had less than two years' service. 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
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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