Claimant v Barchester Healthcare Limited
Outcome
Individual claims
The claim was struck out for lack of jurisdiction. The claimant did not have the required 2 years' continuous service with the respondent at the time her employment ended, which is a prerequisite for bringing an unfair dismissal claim under sections 95 and 98 of the Employment Rights Act 1996.
Facts
Miss Esi brought an unfair dismissal claim against Barchester Healthcare Limited. The tribunal found that she did not have the required two years' continuous service with the respondent at the time her employment ended. The claimant had other claims that were not affected by this judgment and would proceed to a future hearing.
Decision
The tribunal struck out the unfair dismissal claim for lack of jurisdiction because the claimant lacked the statutory minimum of two years' service required under the Employment Rights Act 1996. The claimant's other claims remain active and will proceed to hearing.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim under sections 95 and 98 of the Employment Rights Act 1996, unless the dismissal falls into an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 2406734/2024
- Decision date
- 23 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No