Mr G Beresford v Elavace Estates — 2020

Case reference: 2414976/2019
Decision date: 28 February 2020
Jurisdiction: England & Wales
Judge: Employment Judge Ross Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr G Beresford

Respondent

Elavace Estates

Key findings

Tribunal's reasoning

Mr G Beresford brought a complaint of unfair dismissal against Elavace Estates. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service for an unfair dismissal complaint. It found that the claimant had been employed for less than two years, so he was not entitled to bring the proceedings.

The tribunal also noted that the claimant was given the opportunity to explain why the complaint should not be struck out, but he failed to give an acceptable reason. The judgment therefore states that the claim is struck out.

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 he was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. He was given an opportunity to explain why the claim should not be struck out, but did not provide an acceptable reason.	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.

Open official judgment PDF on gov.uk

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How we got this data

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