Claimant v DMC Healthcare Limited
Outcome
Individual claims
The claim was dismissed because the claimant did not have the requisite 2 years employment service to bring an unfair dismissal claim. The tribunal therefore did not have jurisdiction to hear the complaint.
Facts
Ms Trotman brought a claim of unfair dismissal against DMC Healthcare Limited. The claimant did not attend the preliminary hearing. The tribunal heard from the respondent's solicitor. The key issue was whether the claimant had sufficient qualifying service to bring the claim.
Decision
The tribunal dismissed the unfair dismissal complaint on jurisdictional grounds. The claimant did not have the requisite 2 years continuous employment service required under the Employment Rights Act 1996 to bring an ordinary unfair dismissal claim.
Practical note
Ordinary unfair dismissal claims require two years continuous employment service, and claims lacking this qualifying period will be dismissed for lack of jurisdiction at a preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6006540/2024
- Decision date
- 18 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No