Case 1807135/2019 · Employment Tribunal
Miss J Kishata v Homes For Students — 2020
- Case reference
- 1807135/2019
- Decision date
- 10 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner Dated
Parties
2 namedClaimant
Miss J Kishata
Respondent
Key findings
Tribunal's reasoningThe tribunal considered only the claimant's unfair dismissal complaint in this judgment. It held that section 108 of the Employment Rights Act 1996 requires two years' service before a claimant can bring an unfair dismissal complaint, and found that Miss J Kishata had been employed by Homes For Students for less than two years.
On that basis, the tribunal found that she was not entitled to bring an unfair dismissal claim. It also recorded that, despite being given the opportunity to do so, the claimant did not give an acceptable reason why the complaint should not be struck out.
The judgment therefore struck out the unfair dismissal complaint. It expressly stated that the claimant's other complaints were not affected by this decision, and it recorded no financial award.
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 under section 108 ERA 1996 and did not give an acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.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.
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 The page will be withdrawn on receipt and the editor will follow up within five working days.