Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous employment with Frimley ICB as required by section 108 of the Employment Rights Act 1996. Although the claimant had worked for the NHS for 23 years in aggregate, the tribunal found no reasonable prospect of demonstrating continuity of employment across different NHS employers under section 218 ERA or any other mechanism. The reconsideration application was refused on the same grounds.
Facts
The claimant had been employed by Frimley ICB for less than two years, though he had worked for the NHS for 23 years in aggregate with a gap of less than two years. A judgment striking out his unfair dismissal claim for lack of qualifying service was issued on 5 October 2024 and sent on 24 October 2024. The claimant applied for reconsideration on 1 November 2024, arguing that his previous NHS employment should count towards continuity. The reconsideration was decided on the papers with written submissions from both parties.
Decision
The tribunal refused the reconsideration application and confirmed the strike-out judgment. The judge found no reasonable prospect of the claimant demonstrating two years' continuous employment with Frimley ICB for unfair dismissal purposes, as continuity of employment provisions in section 218 ERA do not apply to moves between different NHS employers in the claimant's circumstances, and health authorities are not associated employers.
Practical note
Continuity of employment for unfair dismissal purposes does not automatically transfer between different NHS employers unless specific statutory exceptions apply, unlike redundancy pay rights which have broader NHS continuity provisions.
Legal authorities cited
Statutes
Case details
- Case number
- 6010643/2024
- Decision date
- 30 October 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Frimley ICB
- Sector
- healthcare
- Represented
- Yes
Claimant representation
- Represented
- No