did not attend For the v Respondent — 2021

The claimant, Mr A Brown, did not attend the hearing. The respondent, correctly named by the Tribunal as The Home Office, was represented by Ms S Cummings. The only claim identified in the judgment was a breach of contract claim arising during the currency of employment.

The Tribunal accepted the respondent's jurisdictional objection. It held that, under section 3 of the Employment Tribunals Act 1996 read with Articles 3 and 7(a) of the Employment Tribunals Extension of Jurisdiction (England & Wales) Orders 1994, it did not have jurisdiction to hear the breach of contract claim. On that basis, the respondent's application succeeded.

The Tribunal also found that the claim had no reasonable prospects of success and therefore struck it out under Rule 37(1)(a) of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013. In reaching that decision, it took into account the claimant's written representations in reply to the response, including the respondent's jurisdictional pleadings and strike-out application dated 22 December 2021, and found that the claimant had been given a reasonable opportunity to make written representations under Rule 37(2).