Case 2414261/2021 · Employment Tribunal
Mr C Holborow Miss C Ashburn v Create Construction Ltd (in administration) and 1 other — 2022
- Case reference
- 2414261/2021
- Decision date
- 24 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Date
Parties
3 namedClaimant
Mr C Holborow Miss C Ashburn
Key findings
Tribunal's reasoningThe claimants brought a complaint of unfair dismissal against Create Construction Limited (In Administration) and the Secretary of State for Business, Energy & Industrial Strategy.
The tribunal applied section 108 of the Employment Rights Act 1996 and found that the claimants had been employed by the respondent for less than two years. It held that they were therefore not entitled to bring an unfair dismissal complaint.
The claimants had been given an opportunity to explain why the complaint should not be struck out but did not provide an acceptable reason. The unfair dismissal complaint was struck out, while the claimants' other complaints were expressly not affected by this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the claimants' other complaints were not affected by this judgment; only the unfair dismissal complaint was adjudicated here. | Struck out | — | — |
Legal tests applied
1 reference- Section 108 of the 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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