Claimant v Cambridgeshire and Peterborough NHS Foundation Trust
Outcome
Individual claims
The tribunal found it did not have jurisdiction to determine the unfair dismissal claim because the claimant had not been continuously employed for the required two years at the point of termination on 8 April 2024. The claim was therefore dismissed.
This claim was not determined at the preliminary hearing and will continue to a final hearing for determination on the merits.
This claim was not determined at the preliminary hearing and will continue to a final hearing for determination on the merits.
Facts
Ms Anyanwu was employed by Cambridgeshire and Peterborough NHS Foundation Trust and her employment terminated on 8 April 2024. She brought claims of unfair dismissal, direct race discrimination and harassment related to race. A preliminary hearing was held to determine whether she had the required length of service to bring an unfair dismissal claim.
Decision
The tribunal dismissed the unfair dismissal claim on jurisdictional grounds as the claimant had not been continuously employed for two years at the point of termination. The race discrimination and harassment claims will proceed to a final hearing for determination on the merits.
Practical note
The two-year qualifying period for unfair dismissal claims remains a significant jurisdictional bar, even where discrimination claims with no qualifying period continue.
Legal authorities cited
Statutes
Case details
- Case number
- 6011033/2024
- Decision date
- 2 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep