Claimant v NHS North West London ICB
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim because the claimant did not have the minimum two years' continuous service required to bring such a claim. The claimant had no employment relationship with the respondent and therefore no service at all.
The tribunal found no reasonable prospect of success in showing the claimant was ever an employee of the respondent. All documentary evidence showed the offer was for a Bank placement (agency worker), not direct employment. Additionally, no concluded contract existed as no contract had been signed, no start date agreed, and communications were too tentative to constitute offer and acceptance. The tribunal applied Sarker but found it did not assist the claimant as there was no contract of employment in the first place.
Facts
The claimant was a Bank worker registered with Imperial College Healthcare NHS Trust Staff Bank. In June 2023, the respondent NHS ICB contacted the Bank seeking candidates for a project support role. After an informal interview, the claimant was told through the Bank agency that the respondent would 'love to offer' her the role and would be in touch. The claimant understood she would start the following week, but heard nothing for two months despite chasing. The respondent eventually explained it could not process the placement through the Bank due to system issues and could not offer direct employment.
Decision
The tribunal struck out both claims. The unfair dismissal claim failed because the claimant had no qualifying service. The breach of contract claim was struck out as having no reasonable prospect of success because all evidence showed the offer was for a Bank placement (not direct employment) and no concluded contract of employment existed—no contract was signed, no start date agreed, and communications were too tentative to constitute a binding offer and acceptance.
Practical note
Even where a job offer has been communicated and the candidate has lost other opportunities, a breach of contract claim requires proof of employee status and a concluded contract—tentative communications through a third-party agency about a Bank placement will not suffice under the Employment Tribunals Extension of Jurisdiction Order 1994.
Legal authorities cited
Statutes
Case details
- Case number
- 2216412/2023
- Decision date
- 8 August 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Business and Project Support Officer
Claimant representation
- Represented
- No