Case 2201952/2019 · Employment Tribunal
In person, through her son Mr G Styles For the v Ms D Cunningham, solicitor — 2019
- Case reference
- 2201952/2019
- Decision date
- 11 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A James Representation
- Venue
- London Central
Parties
2 namedClaimant
In person, through her son Mr G Styles For the
Respondent
Key findings
Tribunal's reasoningThe tribunal heard submissions from the claimant's son, Mr G Styles, and from Ms Cunningham for the respondent on 11 October 2019. It recorded that the claimant was a self-employed foster carer and that the proceedings were not about the merits of any underlying complaint, but about whether the tribunal had jurisdiction to entertain the pleaded claims.
For the breach of contract claim, the tribunal held that it had no jurisdiction under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. Its reason was that the claimant did not have a contract of employment with the London Borough of Camden and, further, did not have any contract at all with the respondent. On that basis, she was not a worker within the meaning of s.230(3) Employment Rights Act 1996, so the claim was dismissed.
The tribunal reached the same jurisdictional conclusion for the whistleblowing claim under s.47B Employment Rights Act 1996. It found that the claimant did not have a contract of employment with the respondent and did not have any form of contract with the respondent, so she was not a worker within ss.43K or 230(3) Employment Rights Act 1996. That claim was therefore dismissed. The judgment also notes that the respondent's name was amended to the London Borough of Camden and that written reasons would not be provided unless requested.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal held it had no jurisdiction to hear the breach of contract claim because the claimant, described as a self-employed foster carer, did not have a contract of employment with the respondent and was not a worker within s.230(3) ERA 1996. | Dismissed | — | — |
| Whistleblowing | The tribunal held it had no jurisdiction to hear the whistleblowing claim under s.47B ERA 1996 because the claimant, described as a self-employed foster carer, did not have a contract of employment with the respondent and was not a worker within ss.43K or 230(3) ERA 1996. | Dismissed | — | — |
Legal tests applied
4 references- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- s.230(3) Employment Rights Act 1996
- s.47B Employment Rights Act 1996
- s.43K Employment Rights Act 1996
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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