Case 4104563/2020 · Employment Tribunal
Mr J Biernis v Glasgow Night Shelter For Destitute Asylum Seekers — 2021
- Case reference
- 4104563/2020
- Decision date
- 8 April 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge B Campbell
Parties
2 namedClaimant
Mr J Biernis
Key findings
Tribunal's reasoningThe hearing took place via Cloud Video Platform on 16 February 2021 before Employment Judge B Campbell. Mr J Biernis appeared in person and the respondent was represented by Ms M McJannetty, solicitor.
The only issue determined was the claimant's unfair dismissal claim. The tribunal found that Mr Biernis had not been continuously employed by the respondent for at least two complete years, which is the qualifying period required by section 108 of the Employment Rights Act 1996.
Because that qualifying period was not met, the tribunal held that it had no jurisdiction to determine the unfair dismissal complaint and dismissed the claim. The judgment does not record any award of compensation or other monetary remedy.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant had not been continuously employed by the respondent for at least two complete years, as required by section 108 of the Employment Rights Act 1996, so it had no jurisdiction to determine the unfair dismissal claim. | Dismissed | — | — |
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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