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2301279/2024Struck Out

NHS England

20 August 2025England & WalesEJ Burge
GOV.UK

Case Summary

The claim of unfair dismissal was struck out due to insufficient service period, while the claims of sex discrimination and other payments continue.

Key Issues

  • two_years_service_required_for_unfair_dismissal_complaint
  • no_exception_to_rule_under_section_108_Employment_Rights_Act_1996

Claim Types

Unfair DismissalDiscrimination Sex

Decision Text

1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mrs M Anderson Respondents: NHS England REASONS JUDGMENT having been sent to the parties on 22 April 2024 and reasons having been requested by the Claimant on 6 May 2024 in accordance with Rule 62(3) of the Employment Tribunals Rules of Procedure 2013 (“ET Rules”), the following reasons are provided: 1. The Claimant complains of unfair dismissal, sex discrimination and “other payments”. 2. Section 108 of the Employment Rights Act 1996 (“ERA”) requires a claimant to have not less than two years’ service to make an unfair dismissal complaint. 3. The Claimant’s claim form stated that she had been employed from 01/04/2022 until 04/08/2023. 4. By letter dated 16 March 2024 the Tribunal gave the Claimant an opportunity to make representations as to why the unfair dismissal claim should not be struck out. 5. The submissions outlined in the Claimant’s response did not indicate that one of the exceptions to the rule under section 108 ERA applies. 6. Accordingly, the complaint of unfair dismissal is struck out. 7. The Claimant’s complaints of sex discrimination and for “other payments” continue. 2 of 2 EJ Burge 17 July 2024

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Employment Details

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Case Details

Case Number
2301279/2024
Decision Date
20/08/2025
Published
08/09/2025
Jurisdiction
England & Wales
Judge
EJ Burge