Case 1306315/2020 · Employment Tribunal
Miss M Silver v Castlebridge Hospitality Limited — 2022
- Case reference
- 1306315/2020
- Decision date
- 22 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dimbylow
Parties
2 namedClaimant
Miss M Silver
Respondent
Key findings
Tribunal's reasoningMiss M Silver brought a complaint of unfair dismissal against Castlebridge Hospitality Limited. Employment Judge Dimbylow 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.
Because the statutory qualifying period was not met, the tribunal found that the claimant was not entitled to bring the unfair dismissal complaint. The claimant was given the opportunity to explain why the claim should not be struck out but did not provide 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.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had less than two years' service, so she was not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but did not provide an acceptable reason. | Struck out | — | — |
Legal tests applied
2 references- s.108 Employment Rights Act 1996
- strike out
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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