Cases6019809/2024

Claimant v Ghyll Beck Leisure Limited

7 July 2025Before Employment Judge JaleelLeedsremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The tribunal found that the claimant was not an employee within section 230 of the Employment Rights Act 1996. As ordinary unfair dismissal claims can only be brought by employees, the tribunal had no jurisdiction to consider the claim and struck it out.

Facts

Mr Hogg brought a claim for ordinary unfair dismissal against Ghyll Beck Leisure Limited. The case was heard as a preliminary hearing to determine employment status. The respondent was represented by its director, Mr R Sheldon, while the claimant appeared in person.

Decision

The tribunal determined that the claimant was not an employee within the meaning of section 230 of the Employment Rights Act 1996. As ordinary unfair dismissal claims require employee status, the tribunal struck out the claim for lack of jurisdiction.

Practical note

Employment status is a jurisdictional threshold issue for ordinary unfair dismissal claims - claimants who are not employees have no right to bring such claims regardless of the merits of their case.

Legal authorities cited

Statutes

ERA 1996 s.230ERA 1996 s.98

Case details

Case number
6019809/2024
Decision date
7 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
No
Rep type
self

Claimant representation

Represented
No