Case 1801560/2022 · Employment Tribunal
Ms H Winstanley v Isand Limited HELD by Cloud Video Platform (CVP) (Leeds) — 2022
- Case reference
- 1801560/2022
- Decision date
- 15 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shulman REPRESENTATION
Parties
2 namedClaimant
Ms H Winstanley
Key findings
Tribunal's reasoningThe sole claim was unfair dismissal by Ms H Winstanley against Isand Limited. The tribunal treated the issue as a preliminary jurisdictional question: whether the claimant had the continuous employment required by section 108(1) of the Employment Rights Act 1996 to bring an unfair dismissal claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed for want of jurisdiction because the tribunal found the claimant did not have the two years' continuous employment required by section 108(1) ERA 1996. The bank contract signed on 7 March 2019 meant there was no mutuality of obligation and broke continuity before the later period of employment from 18 March 2020 to 30 December 2021. | Dismissed | — | — |
Legal tests applied
4 references- section 108(1) ERA 1996
- section 94 ERA 1996
- Carmichael and anor v National Power plc [1999] ICR 1226
- mutuality of obligation
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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