Case 6014960/2025 · Employment Tribunal
Mr M LAMORNA v Torbay and South Devon NHS Foundation Trust — 2025
- Case reference
- 6014960/2025
- Decision date
- 9 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cadney Date
Parties
2 namedClaimant
Mr M LAMORNA
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 requires at least two years' service to present an unfair dismissal claim, and that Mr M Lamorna had been employed by Torbay and South Devon NHS Foundation Trust for less than two years.
On that basis, the tribunal concluded that the claimant was not entitled to bring an unfair dismissal complaint. It also recorded that the claimant had been given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
The judgment therefore struck out the unfair dismissal complaint. It stated that the claimant's other complaints were not affected by the judgment.
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' service and therefore was not entitled to bring an unfair dismissal complaint under 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- 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.
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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