Case 2302382/2021 · Employment Tribunal
Miss C Swaby v Palmgrange Ltd: Clairleigh Nursing Home — 2022
- Case reference
- 2302382/2021
- Decision date
- 31 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wright
Parties
2 namedClaimant
Miss C Swaby
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint. It recorded that, by letter dated 13 July 2021, the claimant had been given an opportunity to make written representations or request a hearing on why the claim should not be struck out because it appeared she did not have the two years' qualifying service required by section 108 of the Employment Rights Act 1996, and no exceptional circumstances were identified for an automatically unfair dismissal claim.
The tribunal found that the claimant failed to make representations, or failed to make any sufficient representations, in response. The unfair dismissal complaint was therefore struck out. The judgment also states that the claimant's remaining claim remains and continues, but that claim was not determined in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out after the tribunal wrote on 13 July 2021 asking for representations or a hearing on the basis that the claimant did not appear to have two years' qualifying service under section 108 Employment Rights Act 1996, and no sufficient representations were made. | 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.
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.