Claimant v Royal Berkshire NHS Foundation Trust
Outcome
Individual claims
The jurisdiction to consider the unfair dismissal claim is subject to a preliminary hearing. The claim form presented on 23 November 2023 may be out of time, though an earlier identical claim was mislaid by the tribunal on 8 September 2023.
Facts
The claimant, O P, brought an unfair dismissal claim against Royal Berkshire NHS Foundation Trust and two individual respondents. An initial claim form was presented in person at Victory House on 8 September 2023 but was mislaid by the tribunal. A materially identical claim was subsequently filed on 23 November 2023. The case involves a potential jurisdictional issue regarding time limits.
Decision
The tribunal issued a judgment noting the dates of the two claim presentations and ordered that the issue of jurisdiction to consider the unfair dismissal claim will be determined at a preliminary hearing. No substantive determination has yet been made on the merits of the claim.
Practical note
Administrative errors by the tribunal in mislaying claim forms can create significant jurisdictional complications requiring preliminary hearings to determine whether claims presented outside normal time limits should be accepted.
Case details
- Case number
- 3313551/2023
- Decision date
- 24 November 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No