Claimant v Leicestershire Partnership NHS Trust
Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Miss Harris was employed by Leicestershire Partnership NHS Trust for less than two years before her dismissal. She brought a claim of unfair dismissal along with other complaints. The claimant was given an opportunity to explain why the unfair dismissal claim should not be struck out for lack of qualifying service but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remained unaffected by this judgment.
Practical note
Unfair dismissal claims require a minimum of two years continuous employment unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2600183/2025
- Decision date
- 9 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No