Claimant v Hartwood Technology Consulting Limited
Outcome
Individual claims
The Tribunal has no jurisdiction to hear claims for unpaid wages against an individual who is not the employer. Struck out under Rule 37(1)(a) as the tribunal lacks jurisdiction.
The Tribunal has no jurisdiction to hear claims for redundancy pay against an individual who is not the employer. Struck out under Rule 37(1)(a) as the tribunal lacks jurisdiction.
Facts
The claimant brought claims for unpaid wages and redundancy pay against both his former employer company (Hartwood Technology Consulting Limited) and an individual (Mr Timothy Clark). The first respondent did not appear at the preliminary hearing. The second respondent, Mr Clark, was represented by counsel and argued the tribunal had no jurisdiction to hear these claims against him personally.
Decision
The tribunal struck out all claims against the second respondent on jurisdictional grounds. Claims for unpaid wages and redundancy pay can only be brought against the employer, not against individual employees or directors. The tribunal had no jurisdiction to hear such claims against Mr Clark personally.
Practical note
Claims for unpaid wages and redundancy pay must be brought against the employing entity, not against individual directors or employees, as the tribunal lacks jurisdiction over such claims against individuals.
Legal authorities cited
Statutes
Case details
- Case number
- 6016196/2024
- Decision date
- 1 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No