Case 3323478/2021 · Employment Tribunal
Mr R Van den Bergh v Palma Ceia Semidesign (uk) Limited — 2022
- Case reference
- 3323478/2021
- Decision date
- 21 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tynan Date
Parties
2 namedClaimant
Mr R Van den Bergh
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant’s unfair dismissal complaint. It recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years’ service to bring an unfair dismissal claim, and found that Mr R Van den Bergh had been employed by Palma Ceia Semidesign (UK) Limited for less than two years. On that basis, the tribunal held that he was not entitled to bring the complaint.
The tribunal also noted that the claimant was given the opportunity to explain why the claim should not be struck out, but did not provide an acceptable reason. It therefore struck out the unfair dismissal complaint. The judgment states that the claimant’s other complaints were not affected by this judgment, but no other claim was determined in the text provided.
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 been employed for less than two years and therefore did not satisfy the qualifying service requirement in section 108 ERA 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 ERA 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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