Case 1403708/2019 · Employment Tribunal
Miss M Cleary v Oakray Care (Little Hayes) Ltd — 2019
- Case reference
- 1403708/2019
- Decision date
- 18 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dawson Date
Parties
2 namedClaimant
Miss M Cleary
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Miss M Cleary's unfair dismissal complaint against Oakray Care Ltd. It held that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal claim, and found that the claimant had been employed for less than two years. On that basis, the claim could not proceed.
The judgment records that the claimant was given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason. The tribunal therefore struck out the unfair dismissal complaint. The judgment adds that the claimant's other complaint was not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the claimant had less than two years' service and was therefore not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. The judgment also states that the claimant gave no acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | 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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