Claimant v Central and North West London NHS Foundation Trust
Outcome
Individual claims
The tribunal found the claimant did not have the requisite two years' continuous employment. He worked as a bank worker from April-October 2021 under a series of short contracts but a two-week break (26 September - 9 October 2021) when he went to Nigeria broke continuity of employment. From 18 October 2021 to 22 June 2023 gave him less than two years' continuous service as an employee. Therefore the tribunal had no jurisdiction.
Facts
The claimant worked as a bank (zero-hours) healthcare assistant for the respondent NHS Trust from April 2021, then became a permanent employee from 18 October 2021 until dismissal on 22 June 2023. He needed two years' continuous employment to claim unfair dismissal. The respondent argued his bank work did not count because there was no mutuality of obligation between shifts, and a two-week break in September-October 2021 when he went to Nigeria broke any continuity from short contracts during individual shifts.
Decision
The tribunal dismissed the claim for lack of jurisdiction. It found no global contract of employment during the bank worker period due to absence of mutuality of obligation between shifts — neither party was obliged to offer or accept work. While each individual shift was a contract of employment, the two-week break when the claimant went to Nigeria broke continuity under s.212 ERA. This meant he had less than two years' continuous service as required for unfair dismissal.
Practical note
Bank workers without mutuality of obligation between shifts cannot rely on continuity of employment through individual shift contracts if breaks exceed one week, unless a statutory exception applies — taking a holiday as a bank worker is not such an exception where there was no requirement to seek permission for absence.
Legal authorities cited
Statutes
Case details
- Case number
- 2216037/2023
- Decision date
- 28 February 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Healthcare Assistant
- Service
- 2 years
Claimant representation
- Represented
- No