Claimant v John Lewis Plc
Outcome
Individual claims
The claimant accepted he did not have two years' service, which is required for ordinary unfair dismissal claims. The claim was dismissed for lack of qualifying service.
Dismissed for the same reason as the unfair dismissal claim - the claimant lacked the two years' service necessary to bring this claim.
The respondent accepted that the claimant had brought a valid claim for unauthorised deductions from wages totalling £832. The tribunal issued a judgment by consent upholding this complaint.
The tribunal had no jurisdiction because the claimant failed to identify any protected characteristic under the Equality Act 2010. He had written 'false sexual allegations' but this does not constitute a protected characteristic.
The claimant's essential complaint was about defamation and reputational damage arising from false allegations and an inadequate investigation. The tribunal has no jurisdiction to hear defamation claims or general complaints about reputation damage.
Facts
The claimant worked for Waitrose from October 2023 to March 2024. He was suspended in December 2023 after sexual allegations were made against him by three colleagues. An investigation concluded there was no case to answer and he returned to work in January 2024. He was subsequently dismissed and brought claims alleging defamation, reputational damage, and unauthorised deductions totalling £832 from his wages relating to time he was sent home for safety reasons.
Decision
The tribunal dismissed the unfair dismissal and redundancy claims due to insufficient service (under two years). It dismissed the discrimination and defamation-related complaints on jurisdictional grounds - no protected characteristic was identified and the tribunal has no power to hear defamation claims. The wages claim succeeded by consent for £832.
Practical note
Employment tribunals have limited statutory jurisdiction and cannot hear claims for defamation or general reputational damage, even where a claimant has been subjected to false allegations at work.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1401368/2024
- Decision date
- 6 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- John Lewis Plc
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 5 months
Claimant representation
- Represented
- No