Claimant v Central and North West London NHS Foundation Trust
Outcome
Individual claims
The claimant had less than 2 years' continuous employment (only 6 months) which is required to bring a complaint of ordinary unfair dismissal under section 98 ERA 1996. The tribunal therefore had no jurisdiction to hear this complaint.
The claimant applied to amend her claim to add a complaint of automatic unfair dismissal for whistleblowing under section 103A ERA 1996. The tribunal refused permission to amend for reasons explained at the hearing and sent to the parties in writing.
The claimant is bringing a complaint of discriminatory dismissal as direct disability discrimination under the Equality Act 2010. This claim will proceed to a main hearing along with the claimant's other complaints.
Facts
The claimant was dismissed by the NHS Trust after less than 6 months' employment. She brought claims of unfair dismissal and sought to amend to add a whistleblowing claim. She also brought discrimination claims including discriminatory dismissal. This was a preliminary hearing to determine jurisdictional issues.
Decision
The tribunal dismissed the ordinary unfair dismissal claim because the claimant lacked the required 2 years' service. The tribunal refused permission to amend to add an automatic unfair dismissal claim for whistleblowing. However, the discrimination claims including discriminatory dismissal will proceed to a full hearing.
Practical note
A self-represented claimant with short service dismissed her unfair dismissal claims on jurisdictional grounds but retained her discrimination claims which do not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 3311522/2023
- Decision date
- 23 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 6 months
Claimant representation
- Represented
- No