Claimant v Skelbo Global Ventures Ltd
Outcome
Individual claims
This was a preliminary hearing on employment status only. The tribunal determined that the claimant was an employee within the meaning of s.230(1) ERA 1996 and therefore has jurisdiction to consider the unfair dismissal complaint. The merits of the unfair dismissal claim were not determined at this preliminary hearing.
Facts
Miss Phillips brought an unfair dismissal claim against Skelbo Global Ventures Ltd. The respondent disputed her employment status. A preliminary hearing was held to determine whether the claimant was an employee. The tribunal heard evidence and submissions over two days via video link.
Decision
The tribunal determined that Miss Phillips was an employee within the meaning of s.230(1) of the Employment Rights Act 1996. The tribunal therefore has jurisdiction to consider her unfair dismissal complaint. The merits of the unfair dismissal claim will be determined at a future full hearing.
Practical note
Employment status must be determined before unfair dismissal claims can proceed, and tribunals will apply the statutory test under s.230(1) ERA 1996 to establish whether a contract of employment exists.
Legal authorities cited
Statutes
Case details
- Case number
- 8002008/2024
- Decision date
- 14 April 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister