Fixed-term NHS employee unable to bring unfair dismissal claim due to insufficient service
An NHS employee on a fixed-term contract had their unfair dismissal and redundancy claims thrown out because they lacked the required continuous service. The tribunal had no jurisdiction to hear the case.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed under a fixed-term contract terminated on 21 June 2020.
- The claimant had insufficient continuous service to bring an unfair dismissal claim.
- The claimant had insufficient continuous service to bring a statutory redundancy payment claim.
- All claims were dismissed for lack of jurisdiction.
- The respondent's application for costs was refused.
Timeline
-
Fixed-term contract terminated
The claimant's fixed-term contract ended on this date.
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Full merits hearing
The tribunal heard the case and dismissed all claims due to insufficient continuous service.
The legal issue
The tribunal had to decide whether the claimant had enough continuous service under their fixed-term contract to bring claims for unfair dismissal and a statutory redundancy payment. The law requires a minimum period of continuous employment for these claims, and the claimant fell short.
The outcome
The tribunal dismissed all claims for lack of jurisdiction. The claimant had insufficient continuous service to bring an unfair dismissal claim (under s.108 ERA 1996) and a statutory redundancy payment claim (under s.115 ERA 1996).
No compensation was awarded because the claims were not heard on their merits.
The respondent's application for costs was refused.
Lessons & takeaways
- Check your continuous service length before bringing an unfair dismissal claim – you usually need at least two years.
- Fixed-term contract workers have the same service requirements as permanent employees for unfair dismissal and redundancy rights.
- If you lack the required service, the tribunal cannot hear your claim at all, no matter how strong the facts.
- Employers can apply for costs if a claim has no reasonable prospects, but tribunals may refuse if the claimant acted in good faith.
A procedural barrier that stopped the case before it started
This case shows how a strict legal requirement can block an employment claim entirely, regardless of the underlying facts. The claimant, an NHS employee on a fixed-term contract, believed they had been unfairly dismissed when their contract ended. But the tribunal never reached the question of whether the dismissal was fair or whether redundancy pay was owed.
The service requirement that caught them out
Under UK employment law, most employees need at least two years' continuous service to bring an unfair dismissal claim. The same applies to statutory redundancy payments. In this case, the claimant's fixed-term contract ended on 21 June 2020, and they had not built up enough continuous service to meet the legal threshold. The tribunal had no choice but to dismiss the claims for lack of jurisdiction.
What could have been done differently
The claimant represented themselves, which may have contributed to the oversight. A legal adviser or trade union representative could have flagged the service issue early, saving time and emotional energy. For employers, this case is a reminder that fixed-term workers are not automatically excluded from unfair dismissal rights – but they must still meet the service requirement.
Why this matters for similar claims
This decision underscores a hard rule: the tribunal can only hear certain claims if the employee has the required continuous service. Even if a dismissal seems unfair or a redundancy payment seems due, the claim will fail at the first hurdle if the service requirement is not met. Anyone considering a claim should check their employment dates carefully before proceeding.
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