Cases3207510/2021

Claimant v Penrose Homes Limited

4 April 2025Before Employment Judge S ShoreLondon Eastremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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.

Direct Discrimination(sex)struck out

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.

Harassment(sex)struck out

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.

Unlawful Deduction from Wagesstruck out

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