Case 2601571/2020 · Employment Tribunal
Miss J Whincup v Karen Stubbs — 2020
- Case reference
- 2601571/2020
- Decision date
- 20 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson Date
Parties
2 namedClaimant
Miss J Whincup
Respondent
Key findings
Tribunal's reasoningMiss J Whincup brought a single claim of unfair dismissal against Karen Stubbs. The tribunal noted 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. It also recorded that the claimant had been given an opportunity to explain why the complaint should not be struck out, but did not give an acceptable reason.
The judgment therefore ordered that the claim be struck out. No monetary award or other remedy was recorded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal treated the whole unfair dismissal claim as struck out because the claimant had less than two years' service and was therefore not entitled to bring the complaint under section 108 ERA 1996. The claimant also did not provide an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | 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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