Claimant v Greater Glasgow Health Board: S/4106505/2017 — 2018

At a preliminary hearing on 17 April 2018, the tribunal considered whether Dr Neilson had the two years' continuous employment required by section 108(1) of the Employment Rights Act 1996 to pursue his unfair dismissal claim after his fixed-term contract ended on 31 July 2017. The tribunal found that he had worked for the respondent from 28 September 2004 under an Out Of Hours Contract, had also held an ICS Contract from 12 December 2012, and entered the Fixed Term Contract on 4 April 2017.

The tribunal accepted that the Fixed Term Contract was separate and distinct from the Out Of Hours Contract and the ICS Contract, and that there was no single overarching contract. The respondent argued that, because the Fixed Term Contract lasted only about four months, the earlier contracts could not be counted towards qualifying service. The claimant argued that sections 210(5), 211(1) and 212(1) of the ERA required the tribunal to look at the whole employment relationship with the respondent.

The tribunal distinguished the respondent's reliance on Surrey County Council v Lewis and followed the approach it identified in Bradford Metropolitan District Council v Dawson. It held that the separate and distinct nature of the contracts prevented aggregation of hours or periods worked at the same time, but did not prevent the claimant from looking back over the whole employment relationship for continuity purposes. On that basis, the tribunal found that the claimant had the necessary continuity of employment and that the unfair dismissal claim would proceed.