Claimant v Karia Befriending Care Agency Limited
Outcome
Individual claims
The tribunal determined that the claimant was neither an employee within the meaning of section 230(1) ERA 1996 nor a worker within the meaning of section 230(3)(b) ERA 1996 at the material time. Without the requisite employment status, the tribunal had no jurisdiction to hear the claims, and they were therefore dismissed.
Facts
The claimant, Mr Naim Ahmad Chowdhury, brought claims against Karia Befriending Care Agency Limited, a care agency. The respondent challenged the tribunal's jurisdiction on the basis that the claimant was neither an employee nor a worker. The preliminary hearing was held on 5 November 2025 before Employment Judge Comfort, with the claimant representing himself and the respondent represented by Mr Nuno Monteiro. The tribunal heard evidence and submissions on the nature of the relationship between the parties.
Decision
The tribunal found that at the material time the claimant was not an employee within section 230(1) ERA 1996, nor was he a worker within section 230(3)(b) ERA 1996. Consequently, the tribunal lacked jurisdiction to hear the claims, and all claims were dismissed.
Practical note
Care agencies may successfully defend employment claims by establishing that care workers were engaged as self-employed contractors rather than employees or workers, thereby depriving the tribunal of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6011699/2025
- Decision date
- 5 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No