Case 3300617/2023 · Employment Tribunal
Mrs A S Teixeira Dias v T W Restaurants Limited trading as Pizza Dreams Cafe — 2023
- Case reference
- 3300617/2023
- Decision date
- 4 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anstis Date
Parties
2 namedClaimant
Mrs A S Teixeira Dias
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires two years' service to bring such a claim, and found that Mrs A S Teixeira Dias had been employed by T W Restaurants Limited for less than two years.
Because the claimant was not entitled to bring an unfair dismissal complaint, and did not provide an acceptable reason when invited to explain why the claim should not be struck out, the tribunal struck out the unfair dismissal complaint. 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 of the Employment Rights Act 1996. The claimant did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.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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