Case 2301136/2023 · Employment Tribunal
Mr A Suwareh v Newrest and Hexis Recruitment — 2023
- Case reference
- 2301136/2023
- Decision date
- 12 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ferguson Dated
Parties
2 namedClaimant
Mr A Suwareh
Respondent
Key findings
Tribunal's reasoningMr A Suwareh brought a complaint of unfair dismissal against Newrest and Hexis Recruitment. Employment Judge Ferguson held that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal claim, and found that the claimant had been employed for less than two years.
Because the statutory qualifying period was not met, the tribunal concluded that the claimant was not entitled to bring the complaint. The judgment also records that the claimant was given an opportunity to explain why the claim should not be struck out, but did not provide an acceptable reason. The unfair dismissal complaint was therefore struck out. The judgment states that the claimant's other complaints were not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the claimant had less than two years' service, so he was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but did not give an acceptable reason. | 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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