Case 1400621/2020 · Employment Tribunal
Mrs M Williams v Paul Hembery — 2020
- Case reference
- 1400621/2020
- Decision date
- 24 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Harper MBE
Parties
2 namedClaimant
Mrs M Williams
Respondent
Key findings
Tribunal's reasoningThe claimant, Mrs M Williams, brought a complaint of unfair dismissal against Paul Hembery. 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 that the claimant had been employed for less than two years.
Because the claimant did not have the qualifying service, the tribunal found that she was not entitled to bring the unfair dismissal complaint. It also recorded that she was given the opportunity to provide an acceptable reason why the complaint should not be struck out, but did not do so.
The tribunal therefore struck out the unfair dismissal complaint. It stated that the claimant's other complaints were not affected by the judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had been employed for less than two years, so she was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. She was given an opportunity to explain why the claim should not be struck out but did not provide an acceptable reason. | Struck out | — | — |
Legal tests applied
1 reference- s.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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