Case 1301359/2022 · Employment Tribunal
Miss J Milke v Cranstoun — 2022
- Case reference
- 1301359/2022
- Decision date
- 20 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Broughton
Parties
2 namedClaimant
Miss J Milke
Respondent
Key findings
Tribunal's reasoningThe claimant, Miss J Milke, brought a complaint of unfair dismissal against Cranstoun. Employment Judge Broughton held that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and that the claimant had been employed for less than two years.
Because the qualifying period was not met, the tribunal found that the claimant was not entitled to bring the unfair dismissal complaint. The claimant was given an opportunity to explain why the claim should not be struck out, but did not give an acceptable reason. The complaint of unfair dismissal was therefore struck out.
The judgment states that the claimant's other complaints were not affected by this decision, but it does not determine them in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint was struck out because the claimant had less than two years' service and therefore did not satisfy the statutory qualifying period for bringing an unfair dismissal complaint under section 108 ERA 1996. The judgment also records that 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 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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