Case 3311990/2020 · Employment Tribunal
Mr R Banasiak v Wilko Retail Ltd — 2026
- Case reference
- 3311990/2020
- Decision date
- 27 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Lewis Date
Parties
2 namedClaimant
Mr R Banasiak
Respondent
Key findings
Tribunal's reasoningThe tribunal determined only the unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal claim, and found that the claimant had been employed by the respondent for less than two years.
The tribunal therefore concluded that the claimant was not entitled to bring that complaint and struck it out. It also recorded that the claimant had not provided an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The judgment expressly states that the claimant's other complaints were not affected.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states only that the unfair dismissal complaint was struck out because the claimant had less than two years' service. It also says the claimant's other complaints were not affected, but does not identify or determine them. | 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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