Mr M England v Metalwash Ltd — 2025

The Claimant brought a claim of breach of contract together with associated complaints of data protection breach and stress, arising out of three agreements made with the Respondent: a Settlement Agreement (7 November 2022), an Employee Agreement (also 7 November 2022, intended to take effect post-termination) and a Settlement and Waiver Letter (26 June 2024). At a preliminary hearing the Respondent applied to strike the claim out on jurisdictional and time grounds.

Employment Judge Livesey held that, under the Extension of Jurisdiction Order 1994, only the Settlement Agreement took effect before the termination of employment on 6 February 2023, and the Claimant did not allege that the Settlement Agreement itself had been breached. The Employee Agreement and the Settlement and Waiver Letter either took effect or were entered into after termination, so claims arising from them did not arise or remain outstanding on termination (applying Rock-It Cargo v Green and Miller Bros & FP Butler v Johnston). The claim was also out of time under article 7, and the Claimant's argument that he had been re-employed in mid-2024 was rejected, both parties having agreed he was placed on payroll only to facilitate payments under the agreements. Annex A to the Settlement Agreement further precluded the contractual claims.

The Tribunal also accepted it had no jurisdiction over the data protection complaint and over the claim for stress (s.3(3) Employment Tribunals Act 1996). It concluded the claims had no reasonable prospect of success within the meaning of rule 38 and struck them out.