Case 2215013/2023 · Employment Tribunal
Edwin Thompson v The House of Commons Commission — 2024
- Case reference
- 2215013/2023
- Decision date
- 21 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge H Clark Representation
- Venue
- London Central via CVP
Parties
2 namedClaimant
Edwin Thompson
Respondent
Key findings
Tribunal's reasoningThe claimant sought damages for alleged loss of pension and other benefits, and a determination of what should have been included in a statutory statement of particulars when he began working for the respondent in 2000. The Tribunal recorded that he had not brought an unlawful deduction from wages claim.
The breach of contract claim was struck out because the claimant remained employed by the respondent, and the Tribunal found it had no jurisdiction to award contractual damages in those circumstances. The Tribunal also found that no section 38 award was available because there was no successful specified claim and the claimant had a statement of particulars by the time proceedings began.
On employment status, the Tribunal found that between 2000 and 2012 the claimant was engaged as and when required, the respondent was not obliged to offer work, and the claimant was not obliged to accept it. It concluded that he had not proved employee status before August 2012, so his section 1 written particulars claim had no reasonable prospect of success and was struck out.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The Tribunal struck out the breach of contract claim because the claimant remained employed and the employment tribunal's contractual jurisdiction was limited to claims arising or outstanding on termination. | Struck out | — | — |
| Other | Claim for breach of section 1 Employment Rights Act 1996 / determination of historic written particulars. The Tribunal found the claimant was not entitled to a statutory statement before August 2012 because he was a worker, not an employee, from 2000 to 2012. | Struck out | — | — |
Legal tests applied
12 references- Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994
- section 1 Employment Rights Act 1996
- section 11 Employment Rights Act 1996
- section 38 Employment Act 2002
- section 230 Employment Rights Act 1996
- mutuality of obligation
- rule 37 Employment Tribunal Rules 2013
- Capek v Lincolnshire County Council [2000] ICR 878
- Govdata Ltd v Denton UKEAT/237/18
- Nursing and Midwifery Council v Somerville [2022] ICR 755
- Carmichael v National Power plc [1999] ICR 1226
- Somerset County Council v Chambers EAT 0417/12
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.