Claimant v King's College Hospital NHS Foundation Trust
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by King's College Hospital NHS Foundation Trust for less than two years. The claimant brought a complaint of unfair dismissal along with other complaints not specified in this judgment. The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not meet the statutory qualifying period.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service, which is the minimum qualifying period required under Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require a minimum of two years' continuous service, and claims brought without this qualifying period will be struck out unless an exception applies such as automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6015996/2024
- Decision date
- 23 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No