Case 3305403/2022 · Employment Tribunal
Mrs K Whiteley v Happy Time Pre School — 2023
- Case reference
- 3305403/2022
- Decision date
- 5 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tynan Date
Parties
2 namedClaimant
Mrs K Whiteley
Respondent
Key findings
Tribunal's reasoningMrs K Whiteley brought a complaint of unfair dismissal against Happy Time Pre School. The tribunal recorded that section 108 of the Employment Rights Act 1996 requires two years' service for an unfair dismissal complaint, and found that the claimant had been employed for less than two years.
On that basis, the tribunal held that she was not entitled to bring the unfair dismissal claim. It also found that, despite being given the opportunity to do so, she failed to give an acceptable reason why the complaint should not be struck out. The unfair dismissal complaint was therefore struck out.
The judgment states that the claimant's other complaints were not affected by this decision. No monetary remedy was awarded in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had been employed for less than two years, so she was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. She was given an opportunity to explain why the complaint should not be struck out but did not give an acceptable reason. | Struck out | — | — |
Legal tests applied
1 reference- section 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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