Claimant v Penrose Homes Limited
Outcome
Individual claims
The tribunal found that the claimant was not an employee of the respondent at any time, meaning the tribunal had no jurisdiction to hear an unfair dismissal claim. Additionally, even if she had been an employee, she did not have the required two years' continuous employment.
The tribunal determined that this claim had no reasonable prospects of success and dismissed it on that basis. The tribunal gave oral reasons at the hearing but the judgment does not detail the specific reasoning.
The tribunal found that this claim had no reasonable prospects of success and dismissed it. The specific reasoning was provided orally at the hearing but is not detailed in the written judgment.
The tribunal determined that this claim had no reasonable prospects of success and dismissed it on that basis. The specific reasoning for this conclusion was given orally at the hearing.
Facts
Ms Sendula brought claims against Penrose Homes Limited including unfair dismissal, sex discrimination, harassment related to sex, and unlawful deduction of wages. The respondent was represented by its director, Mr D Cutler, while the claimant represented herself. The hearing took place by video link at East London Hearing Centre on 2 April 2025.
Decision
The tribunal struck out all of the claimant's claims. The unfair dismissal claim was dismissed on jurisdictional grounds as the tribunal found the claimant was not an employee and, even if she had been, lacked the required two years' continuous employment. All other claims (direct sex discrimination, harassment related to sex, and unlawful deduction of wages) were struck out as having no reasonable prospects of success.
Practical note
Employment status is fundamental to tribunal jurisdiction - without establishing employee status, unfair dismissal claims cannot proceed regardless of their other merits.
Legal authorities cited
Case details
- Case number
- 3207510/2021
- Decision date
- 4 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No