Case 1401326/2021 · Employment Tribunal
Miss I M Phillips v Futures Care Limited — 2021
- Case reference
- 1401326/2021
- Decision date
- 2 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cadney Date
Parties
2 namedClaimant
Miss I M Phillips
Respondent
Key findings
Tribunal's reasoningThe tribunal considered only the Claimant's unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 required two years' service to bring such a complaint, and that the Claimant had been employed by the Respondent for less than two years. On that basis, the Claimant was not entitled to bring the unfair dismissal claim.
The tribunal also recorded that the Claimant was given an opportunity to explain why the complaint should not be struck out, but did not provide an acceptable reason. The unfair dismissal complaint was therefore 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 struck out the unfair dismissal complaint because the Claimant had less than two years' service and therefore was not entitled to bring the claim under section 108 of the Employment Rights Act 1996. The Claimant did not provide 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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