Case 2300449/2020 · Employment Tribunal
Mr Morris v Excel Passenger Services Ltd and 1 other — 2022
- Case reference
- 2300449/2020
- Decision date
- 29 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Khalil
- Venue
- London South
- Panel members
- Ms C Oldfield, Ms Y Walsh
Parties
3 namedClaimant
Mr Morris
Respondents
Key findings
Tribunal's reasoningThis was a unanimous decision on a preliminary issue before Employment Judge Khalil sitting with Ms C Oldfield and Ms Y Walsh. The tribunal held that it had no jurisdiction to hear the unfair dismissal or breach of contract claims because the claimant was not an employee within s.230(1) Employment Rights Act 1996.
The tribunal also held that it had no jurisdiction to hear the protected disclosure detriment claim, the holiday pay claim under Regulations 13 and 30 of the Working Time Regulations 1998, or the claim under s.13/23 Employment Rights Act 1996 because the claimant was not a worker within s.230(3)(b) Employment Rights Act 1996. The judgment records that reasons were given at the hearing and that written reasons would not be provided unless requested within 14 days of the written record.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed on a preliminary jurisdiction issue: the tribunal found the claimant was not an employee within s.230(1) Employment Rights Act 1996. | Dismissed | — | — |
| Breach of contract | Dismissed on a preliminary jurisdiction issue: the tribunal found the claimant was not an employee within s.230(1) Employment Rights Act 1996. | Dismissed | — | — |
| Whistleblowing | Dismissed on a preliminary jurisdiction issue: the tribunal found the claimant was not a worker within s.230(3)(b) Employment Rights Act 1996, so there was no jurisdiction for protected disclosure detriment under s.47B ERA 1996. | Dismissed | — | — |
| Holiday pay | Dismissed on a preliminary jurisdiction issue: the tribunal found the claimant was not a worker within s.230(3)(b) Employment Rights Act 1996, so there was no jurisdiction for holiday pay under Regulations 13/30 of the Working Time Regulations 1998. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed on a preliminary jurisdiction issue: the tribunal found the claimant was not a worker within s.230(3)(b) Employment Rights Act 1996, so there was no jurisdiction under s.13/23 Employment Rights Act 1996. | Dismissed | — | — |
Legal tests applied
5 references- s.230(1) Employment Rights Act 1996
- s.230(3)(b) Employment Rights Act 1996
- s.47B Employment Rights Act 1996
- Regulations 13 and 30 Working Time Regulations 1998
- s.13 and s.23 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
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.
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