Miss C Holtby v 3 Oceans Limited — 2019

Case reference: 1804576/2019
Decision date: 10 October 2019
Jurisdiction: England & Wales
Judge: Employment Judge Shepherd Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Miss C Holtby

Respondent

3 Oceans Limited

Key findings

Tribunal's reasoning

The tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal claim, and found that Miss C Holtby had been employed by 3 Oceans Limited for less than two years.

Because the statutory qualifying period was not met, the tribunal concluded that the claimant was not entitled to bring the complaint. It also recorded that she had been given the opportunity to explain why the claim should not be struck out, but had failed to provide an acceptable reason.

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 therefore was not entitled to bring the claim under section 108 ERA 1996.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.