Ms A E Aires v Central and North West London NHS Foundation Trust: 3311522/2023
EMPLOYMENT TRIBUNALS
Case No 3311522/2023
Between
Ms A E AiresClaimantCentral and North West London NHS Foundation TrustRespondent
Before
Employment Judge HawksworthMr C McDevitt (instructed by counsel) for respondentDate 23 June 2025
JUDGMENT
[1]The tribunal does not have jurisdiction to consider a complaint of ‘ordinary’ unfair dismissal by the claimant.[2]The tribunal has refused permission for the claimant to amend her claim to add a complaint of ‘automatic’ unfair dismissal because of whistleblowing.[3]The complaint of unfair dismissal under the Employment Rights Act 1996 is dismissed.[4]The claimant’s other complaints are not dismissed and will proceed to a main hearing.
REASONS
[1]The claimant had not been employed long enough to bring a complaint of ‘ordinary’ unfair dismissal. At the time of her dismissal she had worked for the respondent for less than 6 months. This is less than the 2 years’ employment which is required to bring a complaint of ‘ordinary’ unfair dismissal under section 98 of the Employment Rights Act 1996. The tribunal does not have jurisdiction to consider this complaint.[2]The claimant made an application to amend her claim to include a complaint of ‘automatic’ unfair dismissal because of whistleblowing, under section 103A of the Employment Rights Act 1996. For reasons explained at the hearing and sent PHCM Order 1 of 2 September 2023 Case Number: 3311522/2023 to the parties in writing, I refused the claimant permission to do so. Therefore, the claimant’s claim does not include a complaint of ‘automatic’ unfair dismissal.[3]The claimant is pursuing other complaints including a complaint of discriminatory dismissal. This is being brought as a complaint of direct disability discrimination under the Equality Act 2010, not as a complaint of unfair dismissal under the Employment Rights Act 1996. This will be decided by the tribunal at the main hearing along with the claimant’s other complaints. Approved by: