Case 2301554/2021 · Employment Tribunal
Mr Benjamin Smiles v CBRE GWS Ltd — 2021
- Case reference
- 2301554/2021
- Decision date
- 29 June 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rahman Date
Parties
2 namedClaimant
Mr Benjamin Smiles
Respondent
Key findings
Tribunal's reasoningMr Benjamin Smiles brought a claim of unfair dismissal against CBRE GWS Limited. The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service for an unfair dismissal complaint, and found that the claimant had been employed from 6 March 2019 to 24 February 2021, which was less than two years.
Because the claimant was not entitled to bring the proceedings, the tribunal struck out the claim. It also recorded that the claimant had been given an opportunity to explain why the complaint should not be struck out but had failed to give an acceptable reason.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the whole unfair dismissal claim because the claimant had less than two years' service and was therefore not entitled to bring the complaint under section 108 ERA 1996. | Struck out | — | — |
Legal tests applied
1 reference- section 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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