Case 2413703/2019 · Employment Tribunal
Mr M Ionel Stelian v GBA Services Ltd — 2019
- Case reference
- 2413703/2019
- Decision date
- 3 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leach Date
Parties
2 namedClaimant
Mr M Ionel Stelian
Respondent
Key findings
Tribunal's reasoningMr M Ionel Stelian brought a claim of unfair dismissal against Gba Services Ltd. The tribunal noted that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service in order to make an unfair dismissal complaint.
The tribunal found that the claimant had been employed by the respondent for less than two years. It therefore held that he was not entitled to bring the proceedings. The claimant was also given the opportunity to provide an acceptable reason why the complaint should not be struck out, but did not do so. The claim was accordingly struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal claim because section 108 of the Employment Rights Act 1996 requires at least two years' service, and the claimant had less than two years' service. The claimant did not give an acceptable reason, despite being given the opportunity, why the claim should not be struck out. | 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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