Case 3315282/2022 · Employment Tribunal
Mrs C McLean v Management Solutions LLC and 1 other — 2023
- Case reference
- 3315282/2022
- Decision date
- 10 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anstis Date
Parties
3 namedClaimant
Mrs C McLean
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires two years' service to bring an unfair dismissal claim, and found that Mrs McLean had been employed for less than two years.
The claimant argued that if a fair process had been followed she would have accrued two years' service, and referred to the ACAS Code of Practice on disciplinary and grievance procedures. The tribunal held that the ACAS Code was not contractual and that no other contractual basis had been identified for requiring the respondent to follow a particular procedure. The judgment states that the claim continued as a claim for unpaid holiday pay only, but that issue was not determined in this decision.
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 and was therefore not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. | 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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