Case 2301395/2018 · Employment Tribunal
Ms S Siwek v Whitbread Group plc — 2018
- Case reference
- 2301395/2018
- Decision date
- 2 November 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hildebrand Dated
Parties
2 namedClaimant
Ms S Siwek
Respondent
Key findings
Tribunal's reasoningThe judgment addressed only the claimant's complaint of unfair dismissal. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint.
The tribunal found that the claimant had been employed by the respondent for less than two years. It also found that none of the statutory exemptions to the two-year service requirement were engaged, and that the claimant's response to notice did not identify a valid exemption or request a hearing. The unfair dismissal complaint was therefore struck out. The judgment expressly stated that the claimant's other complaints were not affected.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal complaint was struck out for insufficient qualifying service. The judgment states that the claimant's other complaints were not affected by this judgment. | Struck out | — | — |
Legal tests applied
1 reference- Section 108 of the 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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