Claimant v Bolton NHS Foundation Trust
Outcome
Individual claims
The Tribunal determined it had no jurisdiction to consider the complaint of constructive unfair dismissal and dismissed the claim. This indicates the claim was brought outside the applicable time limits or another jurisdictional requirement was not met.
Facts
Mr Osman brought a claim of constructive unfair dismissal against Bolton NHS Foundation Trust. The matter came before the tribunal as a preliminary hearing on jurisdiction. The claimant was represented by a friend as lay representative and the respondent by counsel.
Decision
The Employment Tribunal determined that it had no jurisdiction to consider the complaint of constructive unfair dismissal and dismissed the claim. The judgment indicates a jurisdictional issue, most likely relating to time limits, prevented the tribunal from hearing the substantive merits of the case.
Practical note
Constructive dismissal claims must be brought within strict time limits, and failure to comply with jurisdictional requirements will result in dismissal regardless of the merits.
Case details
- Case number
- 2401168/2024
- Decision date
- 28 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep