Cases→6004775/2024

Claimant v NHS West Yorkshire Integrated Care Board

31 January 2025Before Employment Judge R S DrakeLeedsremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalnot determined

This claim remains justiciable and extant in the First Claim. The tribunal issued case management orders to progress it to a full merits hearing.

Redundancy Paystruck out

Dismissed for want of jurisdiction as premature. Claim was presented on 28 June 2024 before the effective date of termination on 18 July 2024, contrary to section 164(1) ERA which requires claims to be presented after the relevant date.

Breach of Contractstruck out

Dismissed for want of jurisdiction as premature. The contractual redundancy payment claim was presented before the effective date of termination, failing the requirements of regulation 3(c) of the Employment Tribunals Extension of Jurisdiction Order 1994 that the claim must arise or be outstanding on termination.

Facts

Claimant's employment ended 18 July 2024 but he filed his first claim on 28 June 2024 before the effective date of termination. When the respondent took a jurisdiction point in October 2024, the claimant filed a second identical claim on 16 October 2024 without withdrawing the first claim. Both claims included unfair dismissal, statutory redundancy payment, and contractual redundancy payment complaints.

Decision

The tribunal dismissed the statutory and contractual redundancy claims in the first claim as premature (filed before effective date of termination). The second claim was dismissed as otiose and an abuse of process as it was identical to the first claim and filed without withdrawing the first. Only the unfair dismissal claim in the first claim remains justiciable.

Practical note

Employment claims must be filed after the effective date of termination; filing a duplicate claim in response to a jurisdiction challenge without withdrawing the original constitutes an abuse of process.

Legal authorities cited

Dexter v Vlieland-Boddy [2003]Onyenaobiya v SW London MH NHS Trust [ET 2303952/2017]Lawlor v Ashford NHS FT [ET2301323/2017]Bewsher v NHS Business Devt Agency [ET 3401036/2016]Pritchard v Bexley Care Trust [ET 1100945/2011]Watts v Rubery [1977] ICR 429Pritchard-Rhodes v Boon & Milton [1979] WLUK 288Sweeney v Peninsula Business Services [2003] 4 WLUK 28Capek v Lincolnshire CC [2000] 5 WLUK 796Johnson v Gore-Wood [2002] 2 AC 1Henderson (1843)

Statutes

ERA 1996 s.164(1)ERA 1996 s.111(3)Employment Tribunals (Extension of Jurisdiction England and Wales) Order 1994 reg 3(c)Employment Tribunals (Extension of Jurisdiction England and Wales) Order 1994 reg 7ERA 1996 s.145(2)

Case details

Case number
6004775/2024
Decision date
31 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
NHS West Yorkshire Integrated Care Board
Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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