Claimant v Compass Group UK & Ireland Ltd
Outcome
Individual claims
The tribunal dismissed the unfair dismissal claim because the claimant was not an employee of the respondent and therefore had no standing to advance the claim. Without employee status, the claimant could not bring an unfair dismissal claim under the Employment Rights Act 1996.
The notice pay claim was brought outside the primary time limit under s111(2)(b) Employment Rights Act 1996. The claimant failed to attend the hearing and provided no evidence that would justify an extension of time, leading the tribunal to conclude it had no jurisdiction to hear the claim.
Facts
Mr Thorpe brought claims for unfair dismissal and notice pay against Compass Group UK & Ireland Ltd. The claimant did not attend the preliminary hearing despite being given notice, had not complied with tribunal orders for disclosure and witness evidence, and could not be contacted during the hearing. The tribunal proceeded in his absence under Rule 47.
Decision
The tribunal dismissed both claims. The unfair dismissal claim failed because the claimant was not an employee of the respondent and therefore had no standing. The notice pay claim was out of time under s111(2)(b) ERA 1996 and the claimant provided no evidence to justify an extension of time, meaning the tribunal had no jurisdiction.
Practical note
Non-attendance at hearings combined with failure to comply with tribunal orders and lack of employee status will result in dismissal of claims, particularly where jurisdictional issues exist.
Legal authorities cited
Statutes
Case details
- Case number
- 2301272/2024
- Decision date
- 2 September 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No