Claimant v Ramsey Health Care UK Operations Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period under s.108 ERA 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the claim should not be struck out.
The judgment explicitly states that the claimant's other complaints, including any claim that there was a discriminatory dismissal, are not affected by the strike-out of the unfair dismissal claim. These remain to be determined.
Facts
The claimant was employed by Ramsey Health Care UK Operations Limited for less than two years. He brought claims including unfair dismissal and other complaints, which appear to include discrimination or harassment allegations. The respondent issued a strike-out warning regarding the unfair dismissal claim on the basis of insufficient service. The claimant was given the opportunity to respond.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' continuous service and therefore did not meet the qualifying period under s.108 ERA 1996. The claimant's procedural arguments and other allegations did not fall within the exceptions to the qualifying period requirement. The claimant's other claims, including any discriminatory dismissal claims, remain unaffected.
Practical note
The two-year qualifying period for ordinary unfair dismissal claims under s.108 ERA 1996 is strictly applied; discrimination and harassment allegations do not constitute exceptions to this requirement, though such claims may proceed independently.
Legal authorities cited
Statutes
Case details
- Case number
- 6008911/2024
- Decision date
- 24 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No