Mr I F Kamara v BS Project Services Limited t/a BS Social Care — 2023

At the reconsideration hearing on 22 March 2023, Employment Judge C Lewis considered whether to revisit the earlier decision striking out Mr I F Kamara’s breach of contract claim against BS Project Services Limited t/a BS Social Care. The Claimant, who had worked for the Respondent from 22 November 2019 until he resigned on 18 March 2021, said the Respondent had breached contractual health and safety duties by sending him to an unsafe placement and failing to disclose risks before an incident on 26 September 2020 involving a service user. At the earlier preliminary hearing on 17 November 2021, he had confirmed that he did not resign in response to the alleged breach and had disavowed any constructive dismissal claim.

The tribunal accepted that the Claimant was seeking damages for trauma, injury to his physical and mental health, and consequential loss from being unable to work some other assignments. It held that those were damages, or a sum due, in respect of personal injury within articles 3 and 4 of the Extension of Jurisdiction Order 1996, so the Employment Tribunal lacked jurisdiction over the breach of contract claim. The decision to strike out that claim was therefore confirmed, and no monetary award was made.