Case 3306943/2023 · Employment Tribunal

Claimant v Ware v Frimley Health NHS Foundation Trust — 2023

Case reference: 3306943/2023
Decision date: 8 September 2023
Jurisdiction: England & Wales
Judge: Employment Judge Anstis Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Respondent

Ware v Frimley Health NHS Foundation Trust

Key findings

Tribunal's reasoning

The tribunal dealt only with the claimant's unfair dismissal complaint. It held that section 108 of the Employment Rights Act 1996 requires two years' service to bring such a claim, and found that the claimant had been employed for less than two years.

Because the qualifying service requirement was not met, the claimant was not entitled to bring the unfair dismissal complaint. The tribunal also recorded that the claimant had been given the opportunity to explain why the complaint should not be struck out, but did not provide an acceptable reason.

The judgment therefore struck out the unfair dismissal complaint. It added that the claimant's other complaints were not affected by this judgment.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and therefore was not entitled to bring the claim under section 108 of the Employment Rights Act 1996. The claimant did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out.	Struck out	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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