Claimant v Coastal Partnership and NHS Confederation — 2023

At an open preliminary hearing on the respondent's application, Employment Judge Allen struck out the claimant's claim in its entirety because it had no reasonable prospects of success. The tribunal held that it had no jurisdiction to hear the unfair dismissal claim because the claimant had not achieved two years' qualifying employment under section 108 Employment Rights Act 1996. The tribunal also noted that, on the claimant's own account at paragraph 2 of the claim, she was a worker.

The claimant applied for leave to amend the claim to breach of contract out of time. The tribunal considered whether that proposed claim had any reasonable prospect of success and concluded that it did not. It found there was no written contract to rely on, and that the emails on which the claimant relied showed an invitation to treat by the practice, an offer to work by the claimant, but no acceptance by the respondent.

Because the proposed breach of contract claim had no reasonable prospect of success, the tribunal decided it would not be in the interests of justice to exercise its discretion to allow the amendment. The claim was therefore struck out.