Claimant v Cripps Utilities Ltd
Outcome
Individual claims
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.
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.
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.
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.
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.
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.
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.
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.
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
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