Claimant v Midlands Protection Services (MPS) Limited
Outcome
Individual claims
Claim struck out on the basis that the claimant was engaged as a self-employed contractor and therefore was not an employee or worker within the meaning of Section 230 Employment Rights Act 1996, giving him no standing to bring the claim. The claimant confirmed he was engaged on a self-employed basis.
Facts
Mr Ameen brought a claim against Midlands Protection Services (MPS) Limited. The tribunal identified that he appeared to be a self-employed contractor rather than an employee or worker. The claimant was given an opportunity to make representations but confirmed he was engaged on a self-employed basis.
Decision
The tribunal struck out the claim on the basis that the claimant, being self-employed, was not an employee or worker within the meaning of Section 230 Employment Rights Act 1996 and therefore had no standing to bring a claim before the Employment Tribunal. The claim had no prospect of success.
Practical note
Self-employed contractors without employee or worker status lack standing to bring claims in the Employment Tribunal, regardless of the underlying merits of their complaint.
Legal authorities cited
Statutes
Case details
- Case number
- 6015665/2024
- Decision date
- 13 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No