Case 2307922/2020 · Employment Tribunal
Mr S Bandur v Premier Foods Service Provider — 2021
- Case reference
- 2307922/2020
- Decision date
- 13 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Martin
Parties
2 namedClaimant
Mr S Bandur
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr S Bandur's complaint of unfair dismissal. In a letter dated 4 February 2021, the tribunal invited representations or a hearing on whether that complaint should be struck out because section 108 of the Employment Rights Act 1996 generally prevents an unfair dismissal complaint where the claimant has less than two years' service, subject to specific exceptions.
The reasons record that the claim appeared to show the claimant had been employed for less than two years, and that the tribunal could not consider the unfair dismissal complaint if that was so. The judgment does not record any finding that an exception applied.
The judgment states that the claimant's remaining claims stayed listed for hearing on 5 October 2021 at 10:00am. 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, on the face of the claim, the claimant appeared to have been employed for less than two years and no exception under section 108 ERA 1996 seemed to apply. The remaining claims were listed for hearing. | 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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