Case 2413839/2019 · Employment Tribunal
Mr G Bucale v Rosario Latona — 2020
- Case reference
- 2413839/2019
- Decision date
- 21 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Howard Date
Parties
2 namedClaimant
Mr G Bucale
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr G Bucale, brought a complaint of unfair dismissal against Rosario Latona. Employment Judge Howard Date recorded that the complaint was struck out because section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal claim, and the claimant had been employed for less than two years.
The tribunal found that the claimant was therefore not entitled to bring the complaint. It also noted that the claimant had been given the opportunity to provide an acceptable reason why the complaint should not be struck out, but had failed to do so. For that reason, the unfair dismissal complaint was struck out.
The judgment states that the claimant's other complaints were not affected by this decision. No monetary 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 the claimant had less than two years' service and therefore was not entitled to bring the claim under section 108 ERA 1996. The claimant did not give an acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- section 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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