Claimant v Ms G Goulding, t/a Bakes By Gina
Outcome
Individual claims
The claimant sought compensation for failure to provide employment particulars under s38 Employment Act 2002. The Tribunal found it had no jurisdiction to consider this as a stand-alone claim, as such claims can only be awarded in conjunction with another successful substantive claim. The claim was therefore dismissed.
Facts
The claimant brought a claim for compensation for failure to provide employment particulars under s38 Employment Act 2002 against a sole trader bakery business. The claimant had previously made an unsuccessful application to add disability discrimination claims. The claimant appeared self-represented with assistance from a friend, Ms Chambers. The respondent also appeared self-represented.
Decision
The Tribunal dismissed the claim on jurisdictional grounds, ruling that it had no jurisdiction to consider a claim under s38 Employment Act 2002 as a stand-alone claim. Such claims can only be awarded where the claimant has succeeded in another substantive claim.
Practical note
Section 38 Employment Act 2002 claims for failure to provide written employment particulars cannot be brought as stand-alone claims and require success in another substantive employment claim to be awarded.
Legal authorities cited
Statutes
Case details
- Case number
- 2407246/2024
- Decision date
- 9 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No