Mr O Whawell v The Governing Body of Hutton Rudby Primary School: 1804993/2022

EMPLOYMENT TRIBUNALS

Case No 1804993/2022

Between

Mr O WhawellClaimant

The Governing Body of Hutton Rudby Primary SchoolRespondent

Before

Employment Judge Lancaster

In person for claimant

Mr A Webster (instructed by counsel) for respondent

Date 13 January 2023

JUDGMENT

[1]The Claimant was not an employee within the meaning of the Employment Rights Act 1996.

[2]The Tribunal therefore has no jurisdiction to hear complaints of unfair dismissal or for a redundancy payment and they are struck out.

[3]Further the claim of unfair dismissal, dated 12th September 2022, was not brought within 3 months of the date of termination, 1st October 2021, when it would have been reasonably practicable to have done so, nor within such further time as would have been reasonable, and would be out of time.

[4]Further the complaint in respect of redundancy was not the subject of a claim for the payment by notice in writing to the employer within 6 months of the date of termination, and it would not be just and equitable for the Claimant to receive a redundancy payment under a claim to the Tribunal dated 12th September 2022. This claim would in any event have had little reasonable prospect of success.

[5]The complaint of sex discrimination (namely that it was unfavourable treatment not to permit the Claimant to respond to allegations made by female colleagues prior to the termination of his engagement as a worker on 1st October 2021) was not presented Case: 1804993/2022 within 3 months and it is not just and equitable to extend time for presentation to 12th September 2022, so that the claim might continue. It is therefore struck out . This claim would in any event have had little reasonable prospect of success.

[6]The claim is accordingly dismissed in its entirety