Cases2400296/2025

Claimant v Kitchens of Cheshire Limited (in creditors' voluntary liquidation)

11 September 2025Before Employment Judge BattenManchester

Outcome

Claimant fails

Facts

The claimant, K Pearce, brought claims against Kitchens of Cheshire Limited, which was in creditors' voluntary liquidation, and the Secretary of State for Business and Trade. The first respondent did not appear at the preliminary hearing. A preliminary issue was heard regarding the claimant's employment status.

Decision

The tribunal determined at a preliminary hearing that the claimant was not an employee of the first respondent. The judgment was delivered orally with reasons given at the hearing. This finding meant the claimant's claims could not proceed as they required employee status.

Practical note

Employment status is a threshold issue that can be determined at a preliminary hearing, and a finding that a claimant was not an employee will be fatal to employment-dependent claims.

Case details

Case number
2400296/2025
Decision date
11 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Claimant representation

Represented
Yes
Rep type
barrister