Claimant v The Hain Daniels Group Ltd
Outcome
Individual claims
The tribunal dismissed the claim for breach of duty of care under the Health & Safety at Work Act 1974 on jurisdictional grounds, finding that the employment tribunal does not have jurisdiction to consider claims under this Act.
Facts
Ms Bucinske brought claims against The Hain Daniels Group Ltd including breach of duty of care under the Health & Safety at Work Act 1974 and harassment under the Protection from Harassment Act 1997. A preliminary hearing was held on 21 April 2025 to determine jurisdictional issues. The claimant has other remaining claims that were not addressed at this preliminary hearing and are scheduled for a full hearing in January 2026.
Decision
The tribunal dismissed the claims under the Health & Safety at Work Act 1974 and Protection from Harassment Act 1997 on the basis that the employment tribunal does not have jurisdiction to consider these statutory claims. The remaining claims will proceed to a full merits hearing.
Practical note
Employment tribunals do not have jurisdiction to hear claims brought directly under the Health & Safety at Work Act 1974 or the Protection from Harassment Act 1997.
Legal authorities cited
Statutes
Case details
- Case number
- 6009511/2024
- Decision date
- 21 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No