Claimant v The Squa.re Limited
Outcome
Individual claims
The tribunal dismissed the claimant's complaints of negligence and personal injury because the Employment Tribunal does not have jurisdiction to hear those claims, as they fall outside the statutory employment rights that tribunals are empowered to determine.
The claimant's claim for failure to provide a written statement of employment particulars failed because it is not a standalone claim that can be pursued independently before the Employment Tribunal without an underlying substantive employment claim.
The tribunal refused the claimant's application to amend the claim to bring a breach of contract claim. The claim was therefore not pursued and not determined on its merits.
Facts
The claimant brought claims including negligence and personal injury complaints, a claim for failure to provide written statement of employment particulars, and sought to amend to add a breach of contract claim. The hearing was held remotely by CVP on 26 February 2025 with both parties represented by counsel.
Decision
The tribunal dismissed the negligence and personal injury claims for lack of jurisdiction. The written statement claim failed as it cannot stand alone. The application to amend to add a breach of contract claim was refused. All claims therefore failed.
Practical note
Employment tribunals have limited jurisdiction and cannot hear negligence or personal injury claims, and claims for failure to provide written statements of employment particulars cannot be pursued as standalone claims without an underlying substantive employment claim.
Legal authorities cited
Case details
- Case number
- 6014716/2024
- Decision date
- 26 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister