Claimant v Central and North West London NHS Foundation Trust
Outcome
Individual claims
Struck out for lack of jurisdiction. The claimant did not have the requisite two years' service to bring an unfair dismissal claim, and his employment status as an employee was disputed by the respondent.
Struck out because the claim did not identify any protected characteristic under the Equality Act 2010 in respect of which the tribunal has jurisdiction to hear a discrimination claim.
Facts
Mr Darkwah brought claims for unfair dismissal and discrimination against Central and North West London NHS Foundation Trust. The respondent disputed whether the claimant was even an employee, and in any event, the claimant did not have two years' continuous service. The discrimination claim did not identify any protected characteristic under the Equality Act 2010.
Decision
Employment Judge Davidson struck out the entire claim under Rule 38(1)(a) as having no reasonable prospect of success. The tribunal lacked jurisdiction to hear the unfair dismissal claim due to insufficient service, and the discrimination claim failed to identify any protected characteristic upon which the tribunal could adjudicate.
Practical note
A claimant must have two years' continuous service to bring ordinary unfair dismissal claims, and discrimination claims must clearly identify at least one of the protected characteristics under the Equality Act 2010 to establish tribunal jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6005846/2024
- Decision date
- 29 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No