Case 1400467/2023 · Employment Tribunal
Mrs H Kaur v Marks and Spencer’s — 2023
- Case reference
- 1400467/2023
- Decision date
- 16 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cadney Date
Parties
2 namedClaimant
Mrs H Kaur
Respondent
Key findings
Tribunal's reasoningMrs H Kaur brought a claim of unfair dismissal against Marks and Spencer’s. The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service before an unfair dismissal complaint could be brought, and found that the claimant had been employed for less than two years.
On that basis, the tribunal found that the claimant was not entitled to bring the proceedings. It also recorded that the claimant 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 tribunal said the claimant complained of unfair dismissal, but had less than two years' service and was therefore not entitled to bring the claim. The claim was struck out under section 108 of the Employment Rights Act 1996. | Struck out | — | — |
Legal tests applied
1 reference- 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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