Case 1402032/2021 · Employment Tribunal
Mr Kevin Whatley v Sidmouth Care Limited — 2022
- Case reference
- 1402032/2021
- Decision date
- 3 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fowell Date
Parties
2 namedClaimant
Mr Kevin Whatley
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Mr Kevin Whatley's unfair dismissal claim. It found that he did not have the necessary two-year qualifying period of service at the date of dismissal, as required by section 108 Employment Rights Act 1996, and therefore the complaint had no reasonable prospect of success.
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 did not have the two-year qualifying period of service required by section 108 Employment Rights Act 1996, so the claim had no reasonable prospect of success. | Struck out | — | — |
Legal tests applied
3 references- section 108 Employment Rights Act 1996
- section 103A Employment Rights Act 1996
- Selkent Bus Company v Moore 1996 ICR 836
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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