Mr A Walayat v Uber Britannia Ltd — 2023

The Claimant presented complaints of direct race discrimination and breach of contract on 12 October 2022. A preliminary hearing was held on 23 February 2023, at which the Employment Judge directed the Respondent to set out its position on the Claimant's employment status and directed the Claimant to confirm whether he said he was an employee or a worker, because jurisdiction over breach of contract depended on that issue.

The Respondent maintained that the Claimant was a worker. The Claimant then confirmed that he agreed with that position, while arguing that the Tribunal should still allow the breach of contract claim to proceed because he had entered into a contract and believed the Employment Tribunal was the proper forum.

The Tribunal held that its jurisdiction was set by legislation and that, on the Claimant's own case, he was a worker rather than an employee. It therefore concluded that it did not have jurisdiction to consider the breach of contract complaint and struck that claim out. The Judge said the Claimant had not given an acceptable reason why the claim should not be struck out.

The strike out did not affect the race discrimination claim, which the Tribunal recorded would continue. The case management orders made at the preliminary hearing remained in force. No monetary remedy was awarded in this decision.