Miss R Rahman v Barclays Bank UK plc — 2020

The preliminary hearing was listed to determine what claim, if any, the claimant was making that the tribunal had jurisdiction to hear. The claimant did not attend because she said she was unwell, and her postponement requests were refused because the issue before the tribunal concerned jurisdiction rather than evidence on the merits.

The claimant's ET1 complained of unfair treatment regarding a transfer from one branch to another, including alleged insufficient notice and unreasonable management. The tribunal recorded that she remained employed by the respondent and that correspondence had clarified she was seeking to pursue a breach of contract claim despite still being employed.

The tribunal considered Regulation 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and held that a breach of contract claim in the tribunal must arise or be outstanding on termination of employment. Because the claimant's employment had not terminated, including by the branch move, the tribunal held that it had no jurisdiction and dismissed the claim.