Claimant v Secretary of State for Defence
Outcome
Individual claims
Claim for breach of Data Protection Act 1997 struck out because the tribunal has no jurisdiction to consider it. The claimant confirmed she had not intended to make this complaint.
Claim for breach of public sector equality duty under s.149 Equality Act 2010 struck out because the tribunal has no jurisdiction to consider it. The claimant confirmed she had not intended to make this complaint.
Claim for pay discrimination on the basis of membership of the RICS struck out because the tribunal has no jurisdiction to consider it. The claimant confirmed she had not intended to make this complaint.
Facts
Miss Fox brought multiple claims against the Ministry of Defence across three case numbers. The tribunal issued a letter on 12 December 2024 asking why certain complaints should not be struck out for lack of jurisdiction. On 31 December 2024, the claimant confirmed she had not intended to bring complaints under the Data Protection Act 1997, breach of public sector equality duty, or pay discrimination based on RICS membership. Other complaints remained pending for a preliminary hearing scheduled for May 2025.
Decision
The tribunal struck out three specific complaints because it had no jurisdiction to consider them: breach of Data Protection Act 1997, breach of public sector equality duty under s.149 Equality Act 2010, and pay discrimination based on RICS membership. All other complaints remained listed for a preliminary hearing on 27-28 May 2025.
Practical note
Employment tribunals lack jurisdiction over Data Protection Act claims, public sector equality duty breaches under s.149 EqA, and certain pay discrimination claims that fall outside statutory employment rights.
Legal authorities cited
Statutes
Case details
- Case number
- 3301248/2024
- Decision date
- 31 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- military
- Represented
- No
Claimant representation
- Represented
- No