Case 1600782/2021 · Employment Tribunal
Mr R Wilks v Amberleigh Care Limited — 2021
- Case reference
- 1600782/2021
- Decision date
- 19 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Date
Parties
2 namedClaimant
Mr R Wilks
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It recorded that section 108 of the Employment Rights Act 1996 requires two years' service for an unfair dismissal claim and found that Mr R Wilks had been employed by Amberleigh Care Limited for less than two years.
On that basis, the tribunal held that the claimant was not entitled to bring the unfair dismissal complaint. It also noted that the claimant did not give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.
The tribunal therefore struck out the unfair dismissal complaint. It stated that the claimant's other complaints were 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. | 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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