Claimant v Dolphin Computer Upgrades Limited
Outcome
Individual claims
The Tribunal determined that the Claimant was neither an 'employee' nor a 'worker' within the meaning of s.230 Employment Rights Act 1996, therefore the Tribunal had no jurisdiction to hear the complaints and the claim was dismissed.
Facts
Ms Gibb brought claims against Dolphin Computer Upgrades Limited. The matter proceeded to a preliminary hearing to determine her employment status. The hearing took place over two days in a hybrid format before Employment Judge Sudra sitting alone.
Decision
The Tribunal found that Ms Gibb was neither an employee nor a worker within the meaning of section 230 of the Employment Rights Act 1996. As a result, the Tribunal had no jurisdiction to hear her complaints and the claim was dismissed.
Practical note
Employment status is a jurisdictional threshold issue - without employee or worker status under s.230 ERA 1996, the tribunal has no power to hear most employment claims.
Legal authorities cited
Statutes
Case details
- Case number
- 2304572/2024
- Decision date
- 2 June 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep