Case 3303791/2023 · Employment Tribunal
Mr A Johal v Circet — 2023
- Case reference
- 3303791/2023
- Decision date
- 24 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anstis Date
Parties
2 namedClaimant
Mr A Johal
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint. Employment Judge Anstis held that section 108 of the Employment Rights Act 1996 requires at least two years' continuous service to bring an unfair dismissal claim, and found that Mr Johal had been employed by Circet for less than two continuous years.
The reasons note that, on 2 May 2023, the claimant wrote to the tribunal referring to constructive dismissal and saying he had served almost three years at the company, but the tribunal said the material before it did not suggest there was not a proper break in service. On that basis, it was not satisfied that he had the necessary two years' continuous service to pursue an unfair dismissal complaint.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the claimant had less than two years' continuous service and was therefore not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. | Struck out | — | — |
Legal tests applied
2 references- section 108 Employment Rights Act 1996
- two years' continuous service requirement
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
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