Miss C Smith v JHD Hospitality — 2020

Case reference: 3200490/2020
Decision date: 4 June 2020
Jurisdiction: England & Wales
Judge: Employment Judge Russell Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Miss C Smith

Respondent

JHD Hospitality

Key findings

Tribunal's reasoning

Miss C Smith brought a claim of unfair dismissal against JHD Hospitality. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires two years' service before an unfair dismissal complaint can be brought.

It found that the claimant had been employed for less than two years, so she was not entitled to bring the proceedings. The tribunal also noted that she had been given the opportunity to provide an acceptable reason why the complaint should not be struck out, but had failed to do so.

The judgment therefore states that the claim is struck out.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal said the claimant complained of unfair dismissal, but section 108 ERA 1996 required two years' service. It found she had less than two years' service and had not given an acceptable reason why the complaint should not be struck out.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The 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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