Case 2302709/2022 · Employment Tribunal
Borko Miljkovic v DRUM Risk Limited — 2023
- Case reference
- 2302709/2022
- Decision date
- 9 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Balogun Date
Parties
2 namedClaimant
Borko Miljkovic
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 two years' service to bring such a 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 an unfair dismissal complaint. It also recorded that, despite being given the opportunity, the claimant did not give an acceptable reason why the complaint should not be struck out.
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 | The tribunal found the claimant had less than two years' service, so he was not entitled to bring an unfair dismissal complaint under s.108 ERA 1996. He was given an opportunity to explain why the complaint should not be struck out but did not give an acceptable reason. | 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.
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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