Case 1306953/2023 · Employment Tribunal
Miss R Berry v Advinia Health Care Limited — 2023
- Case reference
- 1306953/2023
- Decision date
- 21 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge J Jones Date
Parties
2 namedClaimant
Miss R Berry
Respondent
Key findings
Tribunal's reasoningMiss R Berry brought a single claim of unfair dismissal against Advinia Health Care. The tribunal held that section 108 of the Employment Rights Act 1996 required a claimant to have at least two years' service in order to bring an unfair dismissal complaint, and found that Ms Berry had been employed for less than two years.
On that basis, the tribunal concluded that she was not entitled to bring the proceedings. It also recorded that she had been given an opportunity to explain why the complaint should not be struck out, but had not given an acceptable reason. The claim was therefore struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant brought a single unfair dismissal complaint. The tribunal struck out the claim because it found she had less than two years' service and was therefore not entitled to bring the proceedings under section 108 of the Employment Rights Act 1996. | 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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