Claimant v National Probation Service
Outcome
Individual claims
The tribunal found that the Claimant was not an employee of the Respondent at the relevant time. As a result, the tribunal had no jurisdiction to determine the claim, and it was dismissed.
Facts
Mr Waltress brought a claim against the National Probation Service. At a preliminary hearing held remotely, the tribunal considered whether Mr Waltress was an employee of the Respondent at the relevant time. The Claimant appeared in person while the Respondent was represented by counsel.
Decision
The tribunal determined that Mr Waltress was not an employee of the National Probation Service at the relevant time. As employee status is a jurisdictional requirement for bringing certain employment tribunal claims, the tribunal dismissed the claim for lack of jurisdiction.
Practical note
Employment status is a threshold jurisdictional issue that tribunals must determine before considering the merits of claims requiring employee (rather than worker) status.
Legal authorities cited
Case details
- Case number
- 3310765/2024
- Decision date
- 12 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No