Case 1304449/2023 · Employment Tribunal
Mrs M Daneva v Social Care Academy — 2023
- Case reference
- 1304449/2023
- Decision date
- 2 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Broughton Date
Parties
2 namedClaimant
Mrs M Daneva
Respondent
Key findings
Tribunal's reasoningMrs M Daneva brought a complaint of unfair dismissal against Social Care Academy. The tribunal held that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
On that basis, the tribunal concluded that she was not entitled to bring the unfair dismissal complaint. It also found that she had failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The unfair dismissal complaint was therefore struck out. The tribunal stated that the claimant's other complaints were not affected by this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because section 108 ERA 1996 requires two years' service and the claimant had less than two years' service; the tribunal also found no acceptable reason had been given 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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