Mr L Fevrier v Team Engineering Limited and 3 others — 2022

The tribunal treated the claimant’s email of 12 August 2022 as an application for reconsideration, even though it did not expressly ask for reconsideration, because it was clear that he was dissatisfied with aspects of the decision and the manner in which it was made. The application was refused because the judge found no reasonable prospect of the original decision being varied or revoked.

The reasons focused on liability under sections 44 and 47B Employment Rights Act 1996. The tribunal held that those claims can only be upheld against an employer of a worker or employee, and the claimant had said that the second respondent was not his employer; his case was that the first and possibly the fourth respondents were his employers. He could not point to any contractual relationship showing employment with the second respondent. The judge accepted that the claimant believed the second respondent had breached health and safety legislation and put his safety in danger, but held that this did not make the second respondent liable under ss44 or 47B ERA as an employer.