Case 1400900/2022 · Employment Tribunal
Mr R Dubery v Cambian Childcare Limited — 2022
- Case reference
- 1400900/2022
- Decision date
- 23 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Goraj Dated
Parties
2 namedClaimant
Mr R Dubery
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint in this judgment. It found that section 108 of the Employment Rights Act 1996 required at least two years' service to bring an unfair dismissal claim, and that Mr R Dubery had been employed by Cambian Childcare Limited for less than two years.
On that basis, the tribunal held that he was not entitled to bring the unfair dismissal complaint. It also recorded that, despite being given the opportunity to do so, the claimant did not provide an acceptable reason why the complaint should not be struck out.
The complaint of unfair dismissal was therefore struck out. The judgment expressly stated that the claimant's remaining complaint of sex discrimination was not affected by this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and was therefore not entitled to bring the claim under section 108 of the Employment Rights Act 1996. 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- s.108 ERA 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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