Miss J Ibanez v Simon Burden — 2022

Case reference: 2303119/2021
Decision date: 7 February 2022
Jurisdiction: England & Wales
Judge: Employment Judge McLaren Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Miss J Ibanez

Respondent

Simon Burden

Key findings

Tribunal's reasoning

By a letter dated 19 July 2021, the Tribunal gave Miss J Ibanez an opportunity to make representations or request a hearing as to why her unfair dismissal complaint should not be struck out. The stated reason was that she did not have the qualifying two years' service under section 108 of the Employment Rights Act 1996, and there were no exceptional circumstances said to provide an exemption to that qualifying period.

The claimant did not make written representations, or did not make any sufficient representations, and did not request a hearing. The Tribunal therefore struck out the unfair dismissal complaint. The judgment records that the claimant's remaining claims continued, but it does not determine them in this decision.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Struck out because the Tribunal considered the claimant did not have the qualifying two years' service under section 108 of the Employment Rights Act 1996, and no sufficient representations were made in response to the strike-out warning letter dated 19 July 2021.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The 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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