Claimant v Thames Water Utilities Limited
Outcome
Individual claims
Claim for breach of duty of care was struck out on the basis that it has no reasonable prospect of success because the employment tribunal has no jurisdiction to consider such a claim. Claimant failed to make representations or request a hearing following tribunal's letter of 9 January 2024.
Claim for breach of confidentiality was struck out on the basis that it has no reasonable prospect of success because the employment tribunal has no jurisdiction to consider such a claim. Claimant failed to make representations or request a hearing following tribunal's letter of 9 January 2024.
Facts
The claimant brought claims against Thames Water Utilities Ltd and Jason D'Costa, including complaints of breach of duty of care and breach of confidentiality. The tribunal wrote to the claimant on 9 January 2024 inviting representations as to why these claims should not be struck out on jurisdictional grounds. The claimant failed to make adequate representations or request a hearing. Other claims remained to be heard on 18-19 March 2024.
Decision
The tribunal struck out the complaints of breach of duty of care and breach of confidentiality on the basis that they have no reasonable prospect of success, as the employment tribunal lacks jurisdiction to consider such claims. The claimant was given an opportunity to make representations but failed to do so.
Practical note
Employment tribunals have limited statutory jurisdiction and cannot hear common law claims for breach of duty of care or confidentiality that fall outside their remit; claimants should respond to unless orders or risk strike out.
Legal authorities cited
Case details
- Case number
- 3300537/2023
- Decision date
- 2 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- energy
- Represented
- No
Claimant representation
- Represented
- No