Case 3305847/2023 · Employment Tribunal
Mrs M Johnson-Turner v Swan Children’s Home — 2023
- Case reference
- 3305847/2023
- Decision date
- 24 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anstis Date
Parties
2 namedClaimant
Mrs M Johnson-Turner
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires two years' service before a claimant can bring an unfair dismissal complaint, and found that Mrs M Johnson-Turner had been employed by Swan Children's Home for less than two years.
On that basis, the tribunal concluded that she was not entitled to bring the unfair dismissal complaint. It also found that, despite being given the opportunity to do so, she had not provided an acceptable reason why the complaint should not be struck out.
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 | Struck out because the claimant had less than two years' service, so section 108 ERA 1996 prevented an unfair dismissal complaint. The claimant 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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