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