Case 2602099/2019 · Employment Tribunal
Mrs E Milne v Witham St Hughs Parish Council — 2019
- Case reference
- 2602099/2019
- Decision date
- 5 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson Date
Parties
2 namedClaimant
Mrs E Milne
Respondent
Key findings
Tribunal's reasoningThe claimant, Mrs E Milne, brought a complaint of unfair dismissal against Witham St Hughs Parish Council. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal complaint.
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 unfair dismissal complaint and struck it out.
The tribunal also recorded that the claimant had not given an acceptable reason, despite being given the opportunity to do so, why the complaint should not 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 less than two years' service and was therefore not entitled to bring the claim under section 108 ERA 1996. The judgment states the claimant's other complaints were not affected. | Struck out | — | — |
Legal tests applied
1 reference- s.108 ERA 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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