Case 1804993/2022 · Employment Tribunal
Mr O Whawell v The Governing Body of Hutton Rudby Primary School AT A PRELIMINARY HEARING — 2023
- Case reference
- 1804993/2022
- Decision date
- 16 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mr O Whawell
Key findings
Tribunal's reasoningAt a preliminary hearing in Leeds on 13 January 2023, Employment Judge Lancaster held that Mr O Whawell was not an employee within the meaning of the Employment Rights Act 1996. On that basis, the tribunal said it had no jurisdiction to hear the unfair dismissal complaint or the redundancy payment complaint, and those claims were struck out.
The tribunal also found the unfair dismissal claim, presented on 12 September 2022, was out of time because the termination date was 1 October 2021 and it was not reasonably practicable to present the claim within the statutory period, nor within any further reasonable time. The redundancy complaint failed on time grounds as well: the tribunal found there had not been a claim by notice in writing to the employer within 6 months of termination, and it would not be just and equitable to allow the claim to proceed.
The sex discrimination complaint was described as a claim that the claimant had been unfavourably treated by not being permitted to respond to allegations made by female colleagues before the termination of his engagement on 1 October 2021. The tribunal held that this claim was also presented outside the 3-month limit and that it was not just and equitable to extend time to 12 September 2022. The judgment added that the sex discrimination complaint would in any event have had little reasonable prospect of success.
The judgment concluded that the claim was dismissed in its entirety. No monetary remedy was awarded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the claimant was not an employee for Employment Rights Act 1996 purposes, so it had no jurisdiction to hear the unfair dismissal complaint. It also found the claim, presented on 12 September 2022, was out of time because termination was on 1 October 2021 and it was not reasonably practicable to present it within the statutory period. | Struck out | — | — |
| Redundancy | The tribunal held it had no jurisdiction because the claimant was not an employee. It also found the redundancy complaint was not the subject of a claim by notice in writing to the employer within 6 months of termination, and that it would not be just and equitable to extend time; it added that the claim would in any event have had little reasonable prospect of success. | Struck out | — | — |
| Sex discrimination | The claim concerned alleged unfavourable treatment in not permitting the claimant to respond to allegations made by female colleagues before termination of his engagement on 1 October 2021. The tribunal found it was presented outside the 3-month limit and that it was not just and equitable to extend time to 12 September 2022; it also said the claim would in any event have had little reasonable prospect of success. | Struck out | Sex | — |
Legal tests applied
3 references- Employment Rights Act 1996
- reasonably practicable
- just and equitable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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