Case 1302919/2021 · Employment Tribunal
Miss A Hussain v Home Office — 2021
- Case reference
- 1302919/2021
- Decision date
- 9 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dean
Parties
2 namedClaimant
Miss A Hussain
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the complaint of unfair dismissal. It had written to the claimant on 7 July 2021 giving an opportunity to make representations or request a hearing about why that complaint should not be struck out.
The reason given was that it appeared the claimant had not been employed by the respondent for more than two years, and section 108 of the Employment Rights Act 1996 meant claimants were not entitled to bring an unfair dismissal complaint in those circumstances. The claimant failed to make written representations, sufficient representations, or request a hearing, so the unfair dismissal complaint was struck out.
The judgment records that the claimant's remaining claim or claims remained listed for a case management hearing on 23 November 2021, but it does not identify or determine those claims.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal complaint was struck out under rule 37 because the claimant appeared not to have been employed by the respondent for more than two years, engaging section 108 of the Employment Rights Act 1996, and did not make sufficient representations or request a hearing. | Struck out | — | — |
Legal tests applied
2 references- rule 37
- section 108 of the 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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