Claimant v Choice Care Group
Outcome
Individual claims
Claim struck out because the claimant had less than 2 years' continuous employment and therefore the tribunal had no jurisdiction to hear the unfair dismissal claim. Claimant failed to make representations or request a hearing after being given the opportunity to do so.
Facts
Mr Flaherty brought a claim for unfair dismissal against Choice Care Group. The tribunal identified that the claimant had less than 2 years' continuous employment, which meant the tribunal had no jurisdiction to hear an ordinary unfair dismissal claim. The tribunal wrote to the claimant on 13 June 2025 giving him 14 days to make representations or request a hearing as to why the claim should not be struck out. The claimant failed to respond or make sufficient representations.
Decision
The tribunal struck out the claim on the basis that it had no jurisdiction to hear it, as the claimant did not have the required two years' continuous employment to bring an ordinary unfair dismissal claim. The claimant was given an opportunity to respond but failed to do so.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim unless it falls under an automatically unfair category, and failure to respond to tribunal warnings about jurisdictional issues will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6011314/2025
- Decision date
- 3 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No