Case 1406465/2020 · Employment Tribunal
Ms L Knox v The Orders of St. John Care Trust — 2021
- Case reference
- 1406465/2020
- Decision date
- 26 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bax Date
Parties
2 namedClaimant
Ms L Knox
Respondent
Key findings
Tribunal's reasoningMs L Knox brought a complaint of unfair dismissal against Orders of St. John Care Trust. Employment Judge Bax recorded that section 108 of the Employment Rights Act 1996 requires two years' service for an ordinary unfair dismissal claim. The tribunal found that the claimant had been employed for less than two years, so she was not entitled to bring the complaint.
The tribunal sent a notice on 30 December 2020 saying it was considering strike out because of the lack of two years' service. The claimant responded on 13 January 2021 and said the dismissal was automatically unfair because of ongoing sex and disability discrimination. The judgment states that complaints of discrimination under the Equality Act 2010 are not exceptions to the two-year service requirement in section 108(3) ERA 1996.
Accordingly, the complaint of unfair dismissal was struck out. The judgment also 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 | Struck out because the claimant had less than two years' service and was therefore not entitled to bring an ordinary unfair dismissal complaint under section 108 ERA 1996. | Struck out | — | — |
Legal tests applied
2 references- section 108 Employment Rights Act 1996
- section 108(3) 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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