Cases6004369/2024

Claimant v The Governing Body of St Wilfrid's Catholic School

16 September 2025Before Employment Judge E FowellCroydonremote video

Outcome

Claimant fails

Facts

Mr Philip Smith brought claims against The Governing Body of St Wilfrid's Catholic School and West Sussex County Council. The case proceeded to a two-day preliminary hearing held by video to determine his employment status. The claimant represented himself while both respondents were represented by the same barrister, Peter Doughty of counsel.

Decision

Employment Judge Fowell determined that the claimant was neither an employee nor a worker of either respondent. As a result, the tribunal had no jurisdiction to hear the claims and they were dismissed. Oral reasons were given at the hearing.

Practical note

A claimant must establish employee or worker status to bring claims in the Employment Tribunal; failure to establish this fundamental jurisdictional threshold results in dismissal of all claims.

Case details

Case number
6004369/2024
Decision date
16 September 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No