Mr D Gagiu v XDP Express — 2024

Case reference: 2305041/2023
Decision date: 4 March 2024
Jurisdiction: England & Wales
Judge: Employment Judge Ramsden Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr D Gagiu

Respondent

XDP Express

Key findings

Tribunal's reasoning

The tribunal dealt only with the claimant's complaint of unfair dismissal. It held that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service to bring such a complaint.

The tribunal found that Mr D Gagiu had been employed by XDP Express for less than two years. On that basis, it decided that he was not entitled to bring an unfair dismissal complaint and struck out that complaint.

The judgment states that the claimant's other complaints were not affected by this decision. No remedy was awarded in this judgment.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal struck out the unfair dismissal complaint because section 108 Employment Rights Act 1996 requires two years' service and the claimant had less than two years' service.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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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