Claimant v Black Country Health Care NHS Foundation Trust
Outcome
Individual claims
The claim was struck out because the claimant did not have sufficient qualifying service (two years) to bring an ordinary unfair dismissal claim, and the claimant's written representations did not identify any legal basis on which the claim could be brought despite the lack of service, such as automatic unfair dismissal provisions.
Facts
Mr Khaliq was employed by Black Country Health Care NHS Foundation Trust but did not have sufficient length of service to bring an ordinary unfair dismissal claim. The tribunal wrote to the claimant on 28 April 2025 giving him the opportunity to explain why his claim should not be struck out. The claimant responded on 11 May 2025 but did not identify any legal basis on which the claim could proceed.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the requisite two years' qualifying service and failed to identify any automatic unfair dismissal provisions or other legal basis that would exempt him from the service requirement.
Practical note
Unrepresented claimants often fail to appreciate that ordinary unfair dismissal claims require two years' continuous service, and without identifying an automatic unfair dismissal provision, such claims will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6006124/2025
- Decision date
- 3 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No