Case 6002156/2023 · Employment Tribunal
Ms L Garcia-Fernandez v Citizens Advice Plymouth — 2024
- Case reference
- 6002156/2023
- Decision date
- 13 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Roper Date
Parties
2 namedClaimant
Ms L Garcia-Fernandez
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt only with the claimant's unfair dismissal complaint. It recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service to bring such a complaint. The tribunal found that Ms L Garcia-Fernandez had been employed by Citizens Advice Plymouth for less than two years.
On that basis, the tribunal concluded that she was not entitled to bring an unfair dismissal complaint. It also noted that the claimant had been given the opportunity to explain why the complaint should not be struck out, but did not give 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. No remedy was awarded in this judgment.
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 requires two years' service for an unfair dismissal complaint and found that the claimant had less than two years' service. The claimant did not give an acceptable reason, despite being given the opportunity, 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.