Claimant v Birmingham Women's and Children's NHS Foundation Trust
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service, which is required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint, subject to certain exceptions. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Dr Ellyse Dakin brought a claim for unfair dismissal against Birmingham Women's and Children's NHS Foundation Trust. The claimant was employed by the respondent for less than two years. The judgment notes that other complaints brought by the claimant remain unaffected.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years' qualifying service unless specific statutory exceptions apply, and unrepresented claimants must be given an opportunity to explain why their claim should proceed despite jurisdictional issues.
Legal authorities cited
Statutes
Case details
- Case number
- 6017186/2025
- Decision date
- 22 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Role
- Doctor
Claimant representation
- Represented
- No