Case 3322816/2021 · Employment Tribunal
Miss S E Valenzuela Guerrero v Norse Care (Services) Limited — 2022
- Case reference
- 3322816/2021
- Decision date
- 28 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Postle Date
Parties
2 namedClaimant
Miss S E Valenzuela Guerrero
Respondent
Key findings
Tribunal's reasoningThe claimant, Miss S E Valenzuela Guerrero, brought a complaint of unfair dismissal against Norse Care (Services) Limited. Employment Judge Postle recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service to bring an unfair dismissal complaint.
The tribunal found that the claimant had been employed by the respondent for less than two years. It also recorded that the claimant did not give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.
On that basis, the tribunal held that the claimant was not entitled to bring the proceedings and ordered that the claim be struck out. No monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that section 108 of the Employment Rights Act 1996 required at least two years' service for an unfair dismissal complaint. It found the claimant had been employed for less than two years and gave no acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.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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