Mr A Tomassetti v Yui Nagami Ltd — 2020

Case reference: 2411412/2019
Decision date: 15 January 2020
Jurisdiction: England & Wales
Judge: Employment Judge Howard Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr A Tomassetti

Respondent

Yui Nagami Ltd

Key findings

Tribunal's reasoning

The tribunal considered Mr A Tomassetti's unfair dismissal complaint against Yui Nagami Ltd. It held that section 108 of the Employment Rights Act 1996 required two years' service to bring an unfair dismissal claim, and found that the claimant had been employed for less than two years.

Because the statutory qualifying period was not met, the tribunal held that the claimant was not entitled to bring the unfair dismissal complaint. It also noted that the claimant had failed to give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. 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 held that the claimant had less than two years' service, so section 108 ERA 1996 barred an unfair dismissal complaint. The claimant did not give an acceptable reason why the complaint should not be struck out.	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.

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

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