Case 2303646/2022 · Employment Tribunal
Mr M O Kabir v Fireaway Designer Pizza Worcester Park. — 2023
- Case reference
- 2303646/2022
- Decision date
- 7 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wright Date
Parties
2 namedClaimant
Mr M O Kabir
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr M O Kabir, brought a complaint of unfair dismissal against Fireaway Designer Pizza Worcester Park. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
On that basis, the tribunal concluded that the claimant was not entitled to bring an unfair dismissal complaint. It also noted that the claimant had been given an opportunity to provide an acceptable reason why the complaint should not be struck out, but did not do so. The complaint of unfair dismissal 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 section 108 of the Employment Rights Act 1996 prevented him from bringing an unfair dismissal complaint. He 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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