Cases1804135/2024

Claimant v Mr William Drew

20 January 2025Before Employment Judge MillerHullremote video

Outcome

Claimant fails

Individual claims

Otherstruck out

Claims against both respondents struck out under Rule 38(1)(a) because the claimant was not an employee of either respondent during the relevant period from 6 November 2024 until 20 November 2024. The claimant was employed by POWA Energy Limited, not the respondents, therefore the claims had no reasonable prospects of success.

Facts

The claimant brought claims against two individuals, Mr William Drew and Mr Michael Buckley, relating to the period 6 November 2024 to 20 November 2024. The tribunal determined that during this relevant period, the claimant was not employed by either respondent but was instead employed by POWA Energy Limited. The claimant did not attend the hearing.

Decision

The tribunal struck out the claims against both respondents under Rule 38(1)(a) on the basis that they had no reasonable prospects of success. This was because the claimant was not an employee of either respondent during the relevant period, being employed by a different entity, POWA Energy Limited.

Practical note

Claims must be brought against the correct legal employer; claims against individuals who are not the employer will be struck out for having no reasonable prospects of success.

Legal authorities cited

Statutes

Employment Tribunal Rule 38(1)(a)

Case details

Case number
1804135/2024
Decision date
20 January 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
Represented
No

Claimant representation

Represented
No