Claimant v Abbeys Care Support & Training Ltd
Outcome
Individual claims
The tribunal determined as a preliminary issue that the claimant was not an employee or worker under ERA 1996 s.230, not an extended worker for whistleblowing purposes under ERA 1996 s.43K, not an employee under Equality Act 2010 s.83, and not a contract worker under Equality Act 2010 s.41. Without the requisite employment status, the tribunal had no jurisdiction to hear any of the claims brought.
Facts
The claimant Ms Tennyson brought claims against four respondents involved in care provision. At a preliminary hearing spanning two days, the tribunal considered her employment status in relation to the respondents. The fourth respondent did not attend or participate in the proceedings.
Decision
The tribunal found that the claimant was not an employee or worker under the Employment Rights Act 1996, not a worker for whistleblowing purposes, not an employee under the Equality Act 2010, and not a contract worker. Consequently, the tribunal had no jurisdiction to hear any of her complaints and dismissed all claims.
Practical note
Employment status is a threshold issue that determines tribunal jurisdiction; without employee, worker, or contract worker status, claims under the ERA 1996 and Equality Act 2010 cannot proceed regardless of their merits.
Legal authorities cited
Statutes
Case details
- Case number
- 3201326/2023
- Decision date
- 9 January 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No