Claimant v Maidstone & Tunbridge Wells NHS Trust — 2024

The claimant’s claim form alleged constructive unfair dismissal, disability discrimination, and entitlement to certain payments. In an earlier letter the tribunal indicated that the unfair dismissal complaint appeared barred because the claimant had less than two years’ service, and it invited representations on why that complaint should not be struck out. The claimant responded that actual dismissal had not occurred but that he relied on constructive unfair dismissal linked to disability discrimination.

Employment Judge Ramsden held that the claimant’s representations did not establish jurisdiction to hear the unfair dismissal complaint. The judgment states that the fact the complaint was framed as constructive unfair dismissal did not remove the section 108 Employment Rights Act 1996 requirement for two years’ continuous service, unless an exception applied. On the material before the tribunal, the claimant did not have two years’ service at the effective date of termination and no exception was understood to apply.

The tribunal also recorded that the claimant’s constructive dismissal allegations could still be advanced, if appropriate, as part of a disability discrimination claim, and that there is no minimum service requirement for unlawful discrimination complaints based on protected characteristics. However, the later submissions sent by the claimant on 21 July 2024 were out of time for the strike-out issue and, in any event, did not alter the jurisdictional conclusion. The application for reconsideration therefore failed and the strike-out of the unfair dismissal complaint was confirmed.