Case 2602120/2019 · Employment Tribunal
Miss T Austin v AJM Healthcare — 2019
- Case reference
- 2602120/2019
- Decision date
- 26 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Swann Date
Parties
2 namedClaimant
Miss T Austin
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal claim, and found that Miss T Austin had been employed by AJM Healthcare for less than two years. On that basis, the tribunal concluded that she was not entitled to bring the complaint.
The tribunal also noted that the claimant was given the opportunity to provide an acceptable reason why the complaint should not be struck out, but she did not do so. The judgment therefore struck out the unfair dismissal complaint.
The tribunal stated that the claimant's other complaints were not affected by this judgment.
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 did not satisfy the service requirement in section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but did not provide an acceptable reason. | 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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