Case 6001328/2023 · Employment Tribunal
Miss D Emery v Tradeteam — 2023
- Case reference
- 6001328/2023
- Decision date
- 18 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Victoria Butler
Parties
2 namedClaimant
Miss D Emery
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. Employment Judge Victoria Butler recorded that section 108 of the Employment Rights Act 1996 requires at least two years' service to bring an unfair dismissal claim, and found that Miss Emery had been employed for less than two years.
On that basis, the tribunal held that the claimant was not entitled to bring an unfair dismissal complaint. The claimant was given an opportunity to explain why the complaint should not be struck out but did not provide an acceptable reason. The unfair dismissal complaint was therefore struck out.
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 | Struck out because the claimant had less than two years' service, so was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The judgment says 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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