Claimant v Humber Teaching NHS Foundation Trust
Outcome
Individual claims
Withdrawn by claimant at the hearing before any determination on the merits.
Claim struck out for having no reasonable prospects of success on jurisdictional grounds. Tribunal found the claim did not 'arise or was outstanding on termination' as required by the Extension of Jurisdiction Order 1994 - the cause of action only arose in August 2023 when a retrospective pay award was announced, not on termination in May 2023. Alternatively, claim was out of time even if jurisdiction existed.
Facts
Dr Ilangaratne, a Speciality Doctor employed part-time by the NHS Trust from 2011 to May 2023, agreed termination via ACAS COT3. In August 2023, the NHS announced a 6% retrospective pay award from April 2023. The claimant sought an uplift to his redundancy and pension payments under NHS Terms and Conditions clause 16.27. He was diagnosed with a very serious illness in September 2023 and underwent intensive treatment. After failed conciliation, he filed a claim in May 2024 seeking approximately £5,000 representing the 6% uplift.
Decision
The tribunal struck out the breach of contract claim for having no reasonable prospects of success. The claim fell outside tribunal jurisdiction under the Extension of Jurisdiction Order because it did not 'arise or was outstanding on termination' - the cause of action only crystallised in August 2023 when the pay award was announced. Even if jurisdiction existed, the claim filed in May 2024 was out of time - a reasonable further period would have been to end of April 2024 despite the claimant's serious illness. The tribunal also refused applications to amend to add unfair dismissal and victimisation claims.
Practical note
Contract claims under the Extension of Jurisdiction Order must arise or be outstanding at termination; claims dependent on post-termination events (such as retrospective pay awards) fall outside tribunal jurisdiction and must be pursued in ordinary courts.
Legal authorities cited
Statutes
Case details
- Case number
- 6002480/2024
- Decision date
- 2 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Speciality Doctor
- Service
- 12 years
Claimant representation
- Represented
- No