Cases6007689/2024

Claimant v Cripps Utilities Ltd

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant did not have the required length of service under section 108 of the Employment Rights Act 1996, which requires two years' continuous employment to bring an ordinary unfair dismissal claim.

Direct Discrimination(age)struck out

The claim was struck out under rule 38(1)(a) of the Employment Tribunal Procedural Rules 2024 as it had no reasonable prospects of succeeding. The tribunal found the claim had no merit on its face.

Harassment(age)struck out

The harassment related to age claim was struck out under rule 38(1)(a) as having no reasonable prospects of success. The tribunal determined the claim could not succeed even if all facts alleged were proven.

Whistleblowingstruck out

The claim was dismissed for lack of jurisdiction because the tribunal found the claimant was not an employee or worker of the respondent as defined in the Employment Rights Act 1996, which is a prerequisite for bringing a protected disclosure claim.

Direct Discrimination(race)struck out

The claim was dismissed for lack of jurisdiction as the claimant was found not to be an employee or worker as defined in the Equality Act 2010, meaning the tribunal had no power to hear the claim.

Harassment(race)struck out

The harassment claim related to race was dismissed for lack of jurisdiction because the claimant was not an employee or worker as required under the Equality Act 2010.

Victimisationstruck out

The victimisation claim was dismissed for lack of jurisdiction as the tribunal found the claimant was not an employee or worker as defined in the Equality Act 2010.

Unlawful Deduction from Wagesstruck out

The arrears of pay claim was dismissed for lack of jurisdiction because the claimant was not found to be a worker as defined in the Employment Rights Act 1996, which is necessary to bring a claim for unlawful deduction of wages.

Working Time Regulationsstruck out

The claims for breaches of the Working Time Regulations 1998 were dismissed for lack of jurisdiction as the claimant was not an employee or worker as defined in those Regulations.

Facts

Mr Thompson brought multiple claims against Cripps Utilities Ltd including unfair dismissal, age and race discrimination, harassment, whistleblowing, and wage-related claims. The claimant failed to attend the hearing despite the tribunal taking reasonable steps to contact him. The respondent was represented by Mr S Cripps, a director. The tribunal proceeded in the claimant's absence under rule 47.

Decision

The tribunal struck out all claims. The unfair dismissal claim failed due to insufficient length of service under ERA 1996 s.108. Age discrimination and harassment claims were struck out as having no reasonable prospects of success under rule 38(1)(a). All other claims (whistleblowing, race discrimination/harassment, victimisation, wage arrears, and Working Time Regulations breaches) were dismissed for lack of jurisdiction because the claimant was not found to be an employee or worker as defined in the relevant statutes.

Practical note

Employment status is fundamental to tribunal jurisdiction: without establishing employee or worker status under the relevant legislation, a claimant cannot pursue most employment law claims, regardless of their merits.

Legal authorities cited

Statutes

Working Time Regulations 1998Employment Rights Act 1996 s.108Employment Tribunal Procedural Rules 2024 rule 47Employment Tribunal Procedural Rules 2024 rule 38(1)(a)Employment Rights Act 1996Equality Act 2010

Case details

Case number
6007689/2024
Decision date
22 May 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
energy
Represented
Yes
Rep type
in house

Claimant representation

Represented
No