Claimant v Sussex Community NHS Foundation Trust
Outcome
Individual claims
The complaint of automatically unfair dismissal continues to a full hearing as it was not struck out at the preliminary hearing.
Facts
Ms Mary Carter brought multiple complaints against Sussex Community NHS Foundation Trust. At a preliminary hearing, the respondent sought to strike out various claims on jurisdictional grounds and lack of reasonable prospects of success.
Decision
The tribunal struck out all complaints except automatically unfair dismissal under Rule 38(1)(a) on the basis that the tribunal lacked jurisdiction and the claims had no reasonable prospect of success. The automatic unfair dismissal claim continues to a full hearing.
Practical note
A preliminary hearing can result in partial strike-out where some claims lack jurisdiction while allowing core claims with better prospects to proceed to full merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2302227/2024
- Decision date
- 8 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister