Case 2600747/2022 · Employment Tribunal
Miss B Owens v Next plc — 2022
- Case reference
- 2600747/2022
- Decision date
- 5 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp Date
Parties
2 namedClaimant
Miss B Owens
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Miss B Owens's constructive unfair dismissal complaint could not proceed because section 108 of the Employment Rights Act 1996 requires two years' service for an unfair dismissal complaint unless special circumstances apply, and the judgment says those special circumstances did not appear to apply. The tribunal noted that it had asked the claimant to explain her constructive dismissal case by letter dated 1 April 2022, but said that even if she had been constructively dismissed, this would not assist because she had been employed for less than two years.
The unfair dismissal complaint was therefore struck out. The judgment also states that the claimant's other complaints were not affected by this decision and would be addressed separately in case management orders.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment treats the claimant's constructive unfair dismissal complaint as a type of unfair dismissal complaint and strikes it out because she had less than two years' service. | 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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