Claimant v Secretary of State for the Home Office
Outcome
Individual claims
The tribunal struck out the entire claim on the grounds that it had no reasonable prospect of success because the tribunal does not have jurisdiction to hear it. The specific nature of the claim and jurisdictional issue were not detailed in the written judgment.
Facts
Miss K Williams brought a claim against the Home Office. The claim proceeded to a preliminary hearing held remotely on 31 January 2025. The Claimant appeared in person and the Respondent was represented by Counsel. The tribunal struck out the claim in its entirety on jurisdictional grounds.
Decision
Employment Judge Fitzgerald struck out the entire claim under Rule 38 on the basis that it had no reasonable prospect of success because the tribunal did not have jurisdiction to hear the claim. Reasons were given orally at the hearing and were not requested in writing.
Practical note
Not all employment-related disputes fall within the jurisdiction of the employment tribunal, and claims lacking jurisdictional foundation will be struck out at an early stage.
Legal authorities cited
Statutes
Case details
- Case number
- 2303043/2024
- Decision date
- 31 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No