Claimant v Torbay and South Devon NHS Foundation Trust
Outcome
Individual claims
Struck out because the claimant did not have the requisite two years' continuous service required under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Torbay and South Devon NHS Foundation Trust for less than two years and brought a complaint of unfair dismissal. The tribunal struck out the unfair dismissal claim on the basis that the claimant did not meet the statutory qualifying period. The judgment notes that the claimant has other complaints which are not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the two years' continuous service required by s.108 ERA 1996. The claimant was given the opportunity to provide reasons why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years' continuous service unless they fall within an automatically unfair category, and claims lacking this qualifying period will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6014960/2025
- Decision date
- 1 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No