Case 1800839/2022 · Employment Tribunal
Mrs W Atkinson v Ecospill Ltd — 2022
- Case reference
- 1800839/2022
- Decision date
- 8 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cox Date
Parties
2 namedClaimant
Mrs W Atkinson
Respondent
Key findings
Tribunal's reasoningMrs W Atkinson brought a complaint of unfair dismissal against Ecospill Ltd. The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service for an unfair dismissal complaint unless the dismissal fell within a limited prescribed category. It found that the Claimant had been employed for less than two years.
The tribunal also recorded that the Claimant had been given the opportunity to explain why the claim should not be struck out, but she did not give an acceptable reason. It noted that her email of 6 March 2022 raised matters not mentioned in the claim form, and those matters would have required an application to amend if they were to be considered. The claim was therefore struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was for unfair dismissal. The tribunal struck it out because the Claimant had less than two years' service and did not give an acceptable reason, despite being given the opportunity, for why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
2 references- s.108 Employment Rights Act 1996
- strike out
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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