Case 2203356/2020 · Employment Tribunal
Mrs M Smith v Healthwatch Camden — 2020
- Case reference
- 2203356/2020
- Decision date
- 3 November 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wade Date
Parties
2 namedClaimant
Mrs M Smith
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mrs M Smith's unfair dismissal complaint had to be struck out. It found that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal claim, and that the claimant had been employed by Healthwatch Camden for less than two years.
Because the claimant did not meet the qualifying service requirement, the tribunal found she was not entitled to bring the unfair dismissal complaint. It also recorded that she had been given an opportunity to provide an acceptable reason why the claim should not be struck out, but had failed to do so.
The judgment 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 | Struck out because the claimant had less than two years' service and did not have the qualifying service required by section 108 of the Employment Rights Act 1996. | 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.
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