Case 3200700/2024 · Employment Tribunal
Mr D Carabott v London Borough of Tower Hamlets — 2024
- Case reference
- 3200700/2024
- Decision date
- 24 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Elliott Members
- Venue
- East London Hearing Centre
- Panel members
- Ms T Jansen, Ms A Berry
Parties
2 namedClaimant
Mr D Carabott
Respondent
Key findings
Tribunal's reasoningThe tribunal refused the respondent's application to strike out the claim. It noted non-compliance and late preparation issues on both sides, but allowed the hearing to proceed.
The tribunal found that the claimant was employed by Adecco and was assigned to provide services to the respondent. It found that he was not an employee of the respondent, that there was no dismissal by the respondent, and that Adecco remained responsible for further work and pay-related matters.
On that basis, the notice pay claim was dismissed on withdrawal and the remaining claims for unfair dismissal, holiday pay, written reasons for dismissal, unlawful deductions from wages, trade union detriment or dismissal, and redundancy payment failed and were dismissed.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal found the respondent had no contractual responsibility for the claimant's holiday pay. | Dismissed | — | — |
| Unlawful deduction from wages | The claim was unparticularised and not dealt with in evidence; the tribunal also found payment of wages was the responsibility of Adecco. | Dismissed | — | — |
| Breach of contract | The claim for notice pay was dismissed on withdrawal. | Withdrawn | — | — |
| Unfair dismissal | The tribunal found the claimant was not an employee of the respondent and did not have the right to claim ordinary or automatically unfair dismissal. | Dismissed | — | — |
| Trade union | The tribunal found the claimant was not an employee of the respondent, that there was no dismissal by the respondent, and that he could not pursue the detriment claim under section 146(5A) TULRCA. | Dismissed | — | — |
| Redundancy | The claimant brought a redundancy payment claim. The judgment states that redundancy payment rights apply to employees and that the claims failed because the claimant was not an employee of the respondent. | Dismissed | — | — |
Legal tests applied
15 references- Rule 37 Employment Tribunal Rules of Procedure 2013
- section 230 Employment Rights Act 1996
- McMeechan v Secretary of State for Employment 1995 IRLR 461
- section 146 Trade Union and Labour Relations (Consolidation) Act 1996
- section 146(5A) Trade Union and Labour Relations (Consolidation) Act 1996
- section 152 Trade Union and Labour Relations (Consolidation) Act 1996
- section 94 Employment Rights Act 1996
- section 108 Employment Rights Act 1996
- section 92 Employment Rights Act 1996
- section 23 Employment Rights Act 1996
- section 13 Employment Rights Act 1996
- Article 3 Employment Tribunals (Extension of Jurisdiction) Order 1994
- section 135 Employment Rights Act 1996
- Regulation 16 Working Time Regulations 1998
- Regulation 36 Working Time Regulations 1998
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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