Claimant v Nexus Workforce Ltd
Outcome
Individual claims
The claim relating to Statutory Sick Pay was dismissed on withdrawal by the claimant.
Facts
Mr Mukondo brought claims against Nexus Workforce Ltd and a second respondent (the Principal). The hearing was a preliminary hearing to determine jurisdictional issues including whether the second respondent was the employer and whether the tribunal had jurisdiction over claims against them.
Decision
The tribunal found that the second respondent was not the employer of the claimant but was the Principal. The tribunal determined it had no jurisdiction over claims against the second respondent and removed them from the proceedings under Rule 35. The claimant withdrew the claim relating to Statutory Sick Pay, which was dismissed.
Practical note
Agency workers must ensure they name the correct respondent as their employer; claims against a principal company that is not the actual employer will be struck out for lack of jurisdiction.
Case details
- Case number
- 3309105/2024
- Decision date
- 18 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep