Case 1804304/2022 · Employment Tribunal
Mrs R Temperton v Bennfield House — 2022
- Case reference
- 1804304/2022
- Decision date
- 7 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bright
Parties
2 namedClaimant
Mrs R Temperton
Respondent
Key findings
Tribunal's reasoningMrs R Temperton brought a claim of unfair dismissal against Bennfield House. Employment Judge Bright held that section 108 of the Employment Rights Act 1996 requires two years' service before an unfair dismissal complaint can be brought, and found that the claimant had been employed for less than two years.
The tribunal noted that the claimant had been given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason. It also recorded that the claimant's further information dated 24 August 2022 and correspondence dated 25 August 2022 did not appear to plead any exceptional circumstances so as to disapply the two-year requirement.
The tribunal therefore struck out the claim. No remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had less than two years' service, so section 108 ERA 1996 prevented the unfair dismissal complaint from proceeding. The claimant did not provide an acceptable reason, or any exceptional circumstances, to disapply the two-year requirement. | 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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