Case 3205787/2022 · Employment Tribunal
Mr S Garbus v FRC Loughton Ltd — 2023
- Case reference
- 3205787/2022
- Decision date
- 25 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Beyzade
Parties
2 namedClaimant
Mr S Garbus
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr S Garbus, brought an unfair dismissal complaint against FRC Loughton Ltd. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal claim, and found that Mr Garbus had been employed for less than two years.
On that basis, the tribunal concluded that he was not entitled to bring the unfair dismissal complaint. It also recorded that he had been given an opportunity to explain why the claim should not be struck out, but had failed to provide an acceptable reason. The unfair dismissal complaint was therefore struck out.
The tribunal stated that the claimant's other complaints were not affected by this judgment. No remedy was awarded in 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. | 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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