Case 3302806/2023 · Employment Tribunal
Mr Y Elklai v The Secretary of State for Justice — 2023
- Case reference
- 3302806/2023
- Decision date
- 5 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Lewis
Parties
2 namedClaimant
Mr Y Elklai
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr Y Elklai's unfair dismissal complaint. It had written to him on 18 April 2023 giving him an opportunity to make representations or request a hearing on why the claim should not be struck out, because his length of service did not satisfy section 108 of the Employment Rights Act 1996.
The judgment records that the claimant did not make sufficient representations or ask for a hearing. The unfair dismissal complaint was therefore struck out. The judgment also notes that the claimant's remaining claim or claims remained listed for hearing on 26 October 2023.
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's length of service did not comply with section 108 of the Employment Rights Act 1996. The claimant did not make sufficient representations or request a hearing in response to the tribunal's letter dated 18 April 2023. | 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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