Case 6000329/2023 · Employment Tribunal
S Dance v Royal Devon University Healthcare NHS Foundation Trust — 2023
- Case reference
- 6000329/2023
- Decision date
- 12 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Livesey Date
Parties
2 namedClaimant
S Dance
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 an unfair dismissal complaint can be brought, and found that the claimant had been employed for less than two years.
Because the claimant therefore was not entitled to bring the unfair dismissal complaint, the tribunal struck it out. The reasons also record that the claimant was given the opportunity to explain why the complaint should not be struck out, but did not provide an acceptable reason.
The judgment states that the claimant's other complaints were not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal complaint because section 108 Employment Rights Act 1996 requires two years' service and the claimant had less than two years' service. The claimant was given an opportunity to explain why the claim 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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