Case 2301357/2023 · Employment Tribunal
M Niaraeisi v Veran Performance Ltd — 2023
- Case reference
- 2301357/2023
- Decision date
- 10 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Burge
Parties
2 namedClaimant
M Niaraeisi
Respondent
Key findings
Tribunal's reasoningThe Claimant brought complaints of unfair dismissal, race discrimination and disability discrimination against Veran Performance Limited. The tribunal identified that section 108 of the Employment Rights Act 1996 requires at least two years' service for an unfair dismissal complaint.
The Claimant's claim form stated that she was employed from 8 March 2021 until 16 November 2022. By letter dated 18 May 2023, the tribunal invited representations on why the unfair dismissal claim should not be struck out. The facts set out in the Claimant's response did not indicate that any exception to section 108 applied.
Accordingly, the tribunal struck out the complaint of unfair dismissal. The reasons record that the Claimant's complaints of race and disability discrimination were continuing and were not determined in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out under section 108 ERA 1996 because the Claimant did not have not less than two years' service on the dates stated in the claim form, and the response did not show that any exception applied. | 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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