Claimant v Asda Stores Limited
Outcome
Individual claims
The claim was struck out because the Tribunal does not have jurisdiction to hear a breach of contract claim under the Extension of Jurisdiction Order 1994 unless the claimant's employment has terminated. The claimant is still employed by the respondent, therefore the Tribunal lacks jurisdiction. The claimant also failed to comply with a previous tribunal order dated 6 June 2025 and did not respond to the strike-out warning.
Facts
Mr Johnson brought a breach of contract claim against his employer, Asda Stores Limited, while still employed. The Tribunal issued an order on 6 June 2025 which the claimant failed to comply with. On 30 October 2025, the Tribunal wrote to the claimant warning of a potential strike-out under Rule 38 due to non-compliance with the order and apparent lack of jurisdiction. The claimant did not respond to this warning letter.
Decision
Employment Judge Bax struck out the claim on the papers. The Tribunal found it had no jurisdiction to hear the breach of contract claim because the Employment Tribunals Extension of Jurisdiction Order 1994 only permits such claims where the claimant's employment has terminated, and Mr Johnson remained employed by Asda. The claimant's failure to respond to the strike-out warning and comply with previous orders supported the decision.
Practical note
Employment Tribunals have no jurisdiction to hear breach of contract claims under the Extension of Jurisdiction Order 1994 where the claimant's employment is ongoing; such claims can only be brought after termination of employment.
Legal authorities cited
Statutes
Case details
- Case number
- 6005995/2024
- Decision date
- 10 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No