Case 2601057/2023 · Employment Tribunal
Miss R Pinkerton v Caterpillar Day Nursery — 2023
- Case reference
- 2601057/2023
- Decision date
- 13 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Victoria Butler
Parties
2 namedClaimant
Miss R Pinkerton
Respondent
Key findings
Tribunal's reasoningMiss R Pinkerton brought a single claim of unfair dismissal against Caterpillar Day Nursery. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service before an unfair dismissal complaint can be brought.
The tribunal found that the claimant had been employed for less than two years. On that basis, it held that she was not entitled to bring the proceedings.
The claimant was given the opportunity to provide an acceptable reason why the complaint should not be struck out, but the tribunal found that she did not do so. The claim was therefore struck out.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had less than two years' service, so section 108 of the Employment Rights Act 1996 meant she was not entitled to bring an unfair dismissal complaint. The claimant was given an opportunity to explain why the claim 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.
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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