Case 2500826/2022 · Employment Tribunal
Ms A Hernandez v Utility Savings Group Ltd — 2022
- Case reference
- 2500826/2022
- Decision date
- 30 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
2 namedClaimant
Ms A Hernandez
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint in this judgment. It held that section 108 of the Employment Rights Act 1996 requires not less than two years' service before an unfair dismissal complaint can be brought, and found that Ms A Hernandez had been employed by Utility Savings Group Ltd for less than two years.
On that basis, the tribunal concluded that the claimant was not entitled to bring an unfair dismissal complaint. It also recorded that the claimant had been given an opportunity to explain why the complaint should not be struck out, but had not provided an acceptable reason. The unfair dismissal complaint was therefore struck out. The tribunal stated that the claimant's other complaints were not affected by this judgment.
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 was therefore not entitled to bring the claim under section 108 Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but did not give an acceptable reason. | 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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