Case 2407902/2022 · Employment Tribunal
Mrs J Cork v Alan Holmes — 2022
- Case reference
- 2407902/2022
- Decision date
- 5 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Howard Date
Parties
2 namedClaimant
Mrs J Cork
Respondent
Key findings
Tribunal's reasoningMrs J Cork brought a complaint of unfair dismissal against Alan Holmes. The tribunal found that section 108 of the Employment Rights Act 1996 required at least two years' service to bring an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
On that basis, the tribunal held that the claimant was not entitled to bring the unfair dismissal complaint. It also recorded that the claimant had failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The complaint of unfair dismissal was therefore struck out.
The judgment states that the claimant's other complaints were not affected by this decision, but it does not adjudicate them in this judgment.
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, so was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant did not give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. | 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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