Case 2602111/2022 · Employment Tribunal
Mr. B Shetty v Tambha Ltd — 2022
- Case reference
- 2602111/2022
- Decision date
- 23 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Heap Date
Parties
2 namedClaimant
Mr. B Shetty
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's complaint of unfair dismissal. It held that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and found that Mr B Shetty had been employed by Tambha Ltd for less than two years.
Because the statutory qualifying period was not met, the tribunal concluded that the claimant was not entitled to bring the complaint. It also recorded that, despite being given an opportunity to do so, the claimant failed to provide an acceptable reason why the unfair dismissal complaint should not be 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 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
2 references- s.108 Employment Rights Act 1996
- strike out
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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