Outcome
Individual claims
Tribunal ruled it does not have jurisdiction to hear complaints of breach of the Health and Safety at Work etc Act 1974, as these fall outside employment tribunal jurisdiction.
Tribunal ruled it does not have jurisdiction to hear complaints of breach of the Respondent's duty of care in respect of physical and mental health, as such common law claims fall outside employment tribunal jurisdiction.
This complaint remains live and has not yet been determined. The tribunal clarified that factual matters relating to health and safety can be relied upon in the unfair dismissal complaint.
Complaints under the Equality Act 2010 remain live and have not yet been determined. The tribunal clarified that factual matters relating to health and safety can be relied upon in these complaints.
Facts
The claimant brought claims against Made Architecture Limited including complaints under the Health and Safety at Work Act 1974 and breaches of duty of care regarding her physical and mental health, alongside unfair dismissal and Equality Act 2010 complaints.
Decision
The tribunal dismissed the Health and Safety Act and duty of care claims on jurisdictional grounds, as employment tribunals lack jurisdiction to hear such claims. However, the tribunal clarified that factual matters relating to health and safety could still be relied upon in the remaining unfair dismissal and discrimination claims.
Practical note
Employment tribunals have no jurisdiction over Health and Safety at Work Act claims or common law duty of care claims, but the underlying facts can be used as evidence in unfair dismissal and discrimination claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6022557/2024
- Decision date
- 10 July 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No