Claimant v Royal Free NHS Hospital
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is 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 despite being given the opportunity to do so.
Facts
The claimant was employed by Royal Free NHS Hospital for less than two years and brought a complaint of unfair dismissal. The judgment notes that other complaints brought by the claimant remain unaffected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint because section 108 of the Employment Rights Act 1996 requires not less than two years' continuous service to bring such a claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Practical note
Unfair dismissal claims require two years' continuous service unless the dismissal falls within an automatic unfair dismissal category, and claims lacking this jurisdictional requirement will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6009004/2025
- Decision date
- 5 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No