Claimant v Southampton University Hospital NHS Trust
Outcome
Individual claims
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Southampton University Hospital NHS Trust for less than two years. She brought a claim for unfair dismissal along with other complaints. The claimant was given an opportunity to explain why the unfair dismissal complaint should not be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service as mandated by section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require two years' continuous service under section 108 ERA 1996, and claims without this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6000056/2024
- Decision date
- 23 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No