Claimant v Heart of Glencoe Ltd
Outcome
Individual claims
Claimant withdrew the unfair dismissal claim on the basis that she did not have sufficient qualifying service for the Tribunal to determine the claim.
Tribunal struck out the breach of contract claim under rule 38(1)(a) as having no reasonable prospect of success. The claimant failed to identify any recoverable losses arising from the alleged breaches, and some matters (accommodation, health and safety) fell outside the Tribunal's contractual jurisdiction.
Facts
Ms Mason brought claims of unfair dismissal and breach of contract against Heart of Glencoe Ltd. She withdrew the unfair dismissal claim having insufficient qualifying service. Her breach of contract claim alleged unreasonable workload, late expense payments, excessive working hours in May 2024, unsuitable accommodation, failure to provide employee handbook, short notice changes to holiday pay, and health and safety concerns. She failed to attend the strike-out hearing due to work commitments without seeking postponement.
Decision
The Tribunal dismissed the unfair dismissal claim on withdrawal and struck out the breach of contract claim under rule 38(1)(a) for having no reasonable prospect of success. The claimant failed to identify any recoverable losses, claims regarding accommodation fell outside the Tribunal's jurisdiction, and matters like health and safety could not be determined by the Tribunal in a contractual context.
Practical note
A breach of contract claim in the Employment Tribunal requires identification of specific recoverable financial losses, not merely allegations of contractual breaches that might have supported an unfair dismissal claim.
Legal authorities cited
Statutes
Case details
- Case number
- 8000273/2025
- Decision date
- 3 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No