Case 2302950/2018 · Employment Tribunal
Ms P Kamara v Excel Health Care Home — 2019
- Case reference
- 2302950/2018
- Decision date
- 5 July 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Martin Date
Parties
2 namedClaimant
Ms P Kamara
Respondent
Key findings
Tribunal's reasoningMs P Kamara brought a complaint of unfair dismissal against Excel Health Care Home. The tribunal found that she had been employed for less than two years. It held that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint, so she was not entitled to pursue that claim.
The tribunal said the claimant was given an opportunity to explain why the complaint should not be struck out, but she did not give a legitimate reason. It therefore struck out the unfair dismissal complaint.
The judgment states that the claimant's other complaints of wages and breach of contract were not affected by this decision. No remedy was awarded on the unfair dismissal claim.
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 was therefore not entitled to bring the claim under section 108 ERA 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but did not give a legitimate reason. | 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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