Case 3300966/2021 · Employment Tribunal
In person For the v Mr Tate, Solicitor — 2022
- Case reference
- 3300966/2021
- Decision date
- 26 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Postle Appearances
- Venue
- Norwich
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe case was heard at Norwich on 16 December 2021 before Employment Judge Postle. The claimant appeared in person and the respondent was represented by Mr Tate, solicitor. The judgment was recorded on 22 December 2021 and sent to the parties on 26 January 2022.
The tribunal held that it did not have jurisdiction to hear the claimant's unfair dismissal claim under section 138 of the Employment Rights Act 1996. Its reason was that there had been no dismissal and the claimant remained employed by the respondent.
No remedy was awarded. The judgment also recorded that reasons had been given orally at the hearing, and that written reasons would not be provided unless requested within 14 days of the written record being sent.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held it had no jurisdiction to hear the unfair dismissal claim because there had been no dismissal and the claimant remained employed by the respondent. | Dismissed | — | — |
Legal tests applied
1 reference- s.138 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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