Claimant v South London and Maudsley NHS Foundation Trust
Outcome
Individual claims
The claim was struck out for having no reasonable prospect of success. The claimant was reinstated following a successful appeal of his dismissal, which meant the unfair dismissal claim had vanished. The tribunal applied the principle from Patel v Folkestone Nursing Home Limited [2018] EWCA Civ 1689.
Facts
The claimant was dismissed by the NHS Trust but successfully appealed and was reinstated. He nevertheless pursued an unfair dismissal claim in the employment tribunal. The claimant failed to attend the final hearing, emailing to say he was travelling to Lagos. The respondent applied for the claim to be struck out, and the claimant had been copied into correspondence about this since January 2025 but did not object.
Decision
The tribunal proceeded in the claimant's absence under Rule 47 and struck out the unfair dismissal claim for having no reasonable prospect of success. Following the principle in Patel v Folkestone Nursing Home, an unfair dismissal claim vanishes upon successful reinstatement after appeal.
Practical note
An unfair dismissal claim cannot succeed where the employee has been reinstated following a successful internal appeal against dismissal.
Legal authorities cited
Case details
- Case number
- 2301692/2024
- Decision date
- 6 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No