Case 2405324/2020 · Employment Tribunal
Mrs T Johnson v Wigan Council — 2020
- Case reference
- 2405324/2020
- Decision date
- 14 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne Date
Parties
2 namedClaimant
Mrs T Johnson
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant’s unfair dismissal complaint. Employment Judge Horne recorded that section 108 of the Employment Rights Act 1996 requires at least two years’ service in order to bring an unfair dismissal claim, and found that Mrs T Johnson had been employed by Wigan Council for less than two years.
On that basis, the tribunal held that she was not entitled to bring the complaint. It also found that she had been given the opportunity to explain why the claim should not be struck out, but had not provided an acceptable reason. The complaint of unfair dismissal was therefore struck out. The judgment stated that the claimant’s other complaints were not affected by the decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the claimant had less than two years' service and was therefore not entitled to bring an unfair dismissal complaint under section 108 ERA 1996. | 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.
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