Case 2405943/2022 · Employment Tribunal
Mr A Marius v Italian Catering Concept Ltd T/A Don Giovanni — 2022
- Case reference
- 2405943/2022
- Decision date
- 1 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
2 namedClaimant
Mr A Marius
Key findings
Tribunal's reasoningThe claimant, Mr A Marius, brought a complaint of unfair dismissal against Italian Catering Concept Ltd T/A Don Giovanni. Employment Judge Ainscough recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years' service to bring an unfair dismissal complaint.
The tribunal found that the claimant had been employed for less than two years. On that basis, it held that he was not entitled to bring the unfair dismissal complaint. The claimant was given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
Accordingly, the unfair dismissal complaint was struck out. The judgment also stated 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 | Struck out because the claimant had less than two years' service and therefore was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. | 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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