Mr A Washbrook v OCS Group UK Ltd — 2023

The claimant brought a complaint described as breach of contract, linked to the respondent not responding to a grievance as part of a disciplinary process, failing to follow a proper investigation process, and failing to supply requested documents. The respondent resisted the claim and applied to strike it out on the basis that the claimant's employment was continuing, so the tribunal lacked jurisdiction to hear a breach of contract claim.

The tribunal explained that its contractual jurisdiction is governed by section 3 of the Employment Tribunals Act 1996 and the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. It recorded that, for an employee's contractual claim to be heard, the claim must arise or be outstanding on termination of employment and seek damages, recovery of a sum due, or recovery of a sum under an enactment relating to the contract.

The parties confirmed that the claimant remained employed by the respondent. The claimant's representative acknowledged that, with employment continuing and no constructive dismissal asserted, the matter was outside the tribunal's jurisdiction. The tribunal therefore dismissed the breach of contract complaint.