Claimant v Blackpool Teaching Hospital NHS Foundation Trust

Outcome

Facts

The claimant was employed by the NHS Trust as a Band 3 Clinical Assistant from 22 November 2023 to 19 November 2024. She applied for a role advertised as a 12-month fixed-term secondment. The contract of employment uploaded to the TRAC recruitment system on 30 October 2023 stated it was fixed-term, ending on 19 November 2024, but the claimant did not access or accept it. The claimant claimed she believed she was on a permanent contract and was entitled to one week's notice pay. She had previously been suspended from a Band 4 permanent role at Liverpool University Hospital.

Decision

The tribunal dismissed the wrongful dismissal claim. It found the claimant was employed on a 12-month fixed-term contract which expired on its stipulated end date. The tribunal held that the claimant should have accessed her contract on the TRAC system and would have known the terms. At common law, fixed-term contracts expire automatically without notice being required, so the claimant was not entitled to notice pay.

Practical note

Legal authorities cited