Case 2600507/2022 · Employment Tribunal
Miss Tanya Mccusker v Sherwins Cheese Stall — 2022
- Case reference
- 2600507/2022
- Decision date
- 14 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Swann Date
Parties
2 namedClaimant
Miss Tanya Mccusker
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out Miss Mccusker’s unfair dismissal complaint. It found that section 108 of the Employment Rights Act 1996 required two years’ service before an unfair dismissal complaint could be brought, and that the claimant had been employed by the respondent for less than two years.
The tribunal also recorded that the claimant had been given an opportunity to explain why the complaint should not be struck out, but had not given an acceptable reason. It therefore concluded that the unfair dismissal complaint had to be struck out.
The judgment states that the claimant’s other complaints were not affected by this decision.
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 been employed for less than two years and therefore was not entitled to bring such a complaint under section 108 ERA 1996. | 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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