Claimant v Little Fair Nursing Home Ltd

Outcome

Facts

This is a costs judgment following a preliminary hearing in July 2022 where the respondent unsuccessfully applied to strike out the claimant's case on grounds he was neither employee nor worker and the claim was out of time. The claimant worked as Chief Operating Officer for a nursing home from November to December 2019. The respondent's own contemporary documents, including communications to staff and the Care Quality Commission, described the claimant as COO and manager, contradicting the respondent's denial of employment status. The respondent argued dismissal occurred 19 December 2019 putting the claim out of time, but failed to account for statutory notice under s.86(1) ERA 1996.

Decision

The tribunal found the respondent's strike-out application had no reasonable prospect of success. The respondent's own documentary evidence fundamentally undermined its position on both employment status and the effective date of termination. It was just and equitable to order the respondent to pay costs, but the quantum (claimed at over £13,000) required determination at an inter partes hearing due to concerns about relevance of some documents and unclear breakdown of legal fees.

Practical note

Legal authorities cited