Case 1307967/2023 · Employment Tribunal
Miss K Thomas v West Midlands Pension Fund (‘R1’) City of Wolverhampton Council (‘R2’) Rachel Brothwood (‘R3’) Louisa Davis (‘R4’) — 2024
- Case reference
- 1307967/2023
- Decision date
- 26 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood Date
Parties
2 namedClaimant
Miss K Thomas
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service to bring such a complaint, and found that Miss K Thomas had been employed for less than two years.
Because the statutory service requirement was not met, the tribunal concluded that she was not entitled to bring an unfair dismissal complaint. It also recorded that she had failed to give an acceptable reason, despite having been given the opportunity, why the complaint should not be 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 section 108 of the Employment Rights Act 1996 required at least two years' service for an unfair dismissal complaint, and found the claimant had less than two years' service. It also recorded 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- 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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