Case 3200723/2022 · Employment Tribunal
Mr M Kelly v London East Alternative Provision — 2023
- Case reference
- 3200723/2022
- Decision date
- 28 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Park Representation
Parties
2 namedClaimant
Mr M Kelly
Respondent
Key findings
Tribunal's reasoningMr M Kelly brought a claim against London East Alternative Provision for a statutory redundancy payment. Sitting at East London Hearing Centre by CVP on 28 February 2023, Employment Judge Park held that the claimant was not an employee within section 230 Employment Rights Act 1996.
Because the claimant was found not to be an employee, the tribunal held that he had no entitlement to a statutory redundancy payment under section 135. The tribunal therefore said it did not have jurisdiction to hear the claim and dismissed it.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was not an employee under section 230 Employment Rights Act 1996 and therefore had no entitlement to a statutory redundancy payment under section 135. The judgment text contains a typographical error referring to the 'Employment Rights Act 1006'. | Dismissed | — | — |
Legal tests applied
2 references- section 230 Employment Rights Act 1996
- section 135 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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