Case 2401421/2024 · Employment Tribunal
H Joy v Wirral Roof Care Limited — 2024
- Case reference
- 2401421/2024
- Decision date
- 31 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten
Parties
2 namedClaimant
H Joy
Respondent
Key findings
Tribunal's reasoningThe claimant, H Joy, brought a complaint of unfair dismissal against Wirral Roof Care Limited. Employment Judge Batten recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal complaint.
The tribunal found that the claimant had been employed for less than two years, so she was not entitled to bring the unfair dismissal claim. The claimant was given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
Accordingly, the complaint of unfair dismissal was struck out. The judgment also records that the claimant did not confirm she was pursuing any other complaints, and the claim was therefore at an end.
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 therefore was not entitled to bring the claim under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but did not provide an acceptable 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.
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 The page will be withdrawn on receipt and the editor will follow up within five working days.