Claimant v Gloucestershire Hospitals NHS Foundation Trust
Outcome
Individual claims
The claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Mrs Stanfield was employed by Gloucestershire Hospitals NHS Foundation Trust for less than two years before her dismissal. She brought a claim for unfair dismissal along with other complaints. The tribunal was required to consider whether she met the statutory qualifying period for bringing an unfair dismissal claim under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason. Her other complaints remain unaffected.
Practical note
Employment tribunal claims for ordinary unfair dismissal require two years continuous service, and a claim lacking this qualifying period will be struck out even where other claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 1403474/2024
- Decision date
- 28 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No