Claimant v NHS England
Outcome
Individual claims
The Claimant did not have the required two years' continuous service under s.108 ERA 1996, having worked only 16 months from 01/04/2022 to 04/08/2023. No exceptions to the two-year qualifying period were demonstrated in the Claimant's response to the tribunal's strike-out warning.
This claim continues and was not subject to the strike-out order. No determination has yet been made on the merits of this claim.
The Claimant brought a claim for 'other payments' which continues. No determination has yet been made on the merits of this claim.
Facts
Mrs Anderson was employed by NHS England from 1 April 2022 to 4 August 2023, approximately 16 months. She brought claims for unfair dismissal, sex discrimination, and other payments. The tribunal wrote to her on 16 March 2024 giving her an opportunity to explain why her unfair dismissal claim should not be struck out due to insufficient service, but her response did not demonstrate any exception applied.
Decision
The tribunal struck out the unfair dismissal claim because the Claimant lacked the required two years' continuous service under s.108 ERA 1996 and no exceptions applied. The sex discrimination and 'other payments' claims continue.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and tribunals will strike out claims on paper where the qualifying period is clearly not met and no statutory exceptions apply.
Legal authorities cited
Statutes
Case details
- Case number
- 2301279/2024
- Decision date
- 20 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- NHS England
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 1 years
Claimant representation
- Represented
- No