Claimant v Kitchens of Cheshire Limited (in creditors' voluntary liquidation)
Outcome
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
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister