Mr T Hutchings v Mr F O’Connell and Others: 2301261/2024
JUDGMENT
[1]At the relevant time, the claimant was not an employee of any of the First, Second or Third Respondents as defined by section 230 of the Employment Rights Act 1996.[2]As a result of paragraph 1 above, the complaints of ordinary unfair dismissal, automatic unfair dismissal and wrongful dismissal are struck out because the Tribunal does not have jurisdiction to determine them.[3]It was reasonably practicable for the claimant to bring the complaint of whistleblowing detriment (and automatic unfair dismissal which has, in any event, been struck out pursuant to paragraph 2 above) before 23rd January 2025, being the date these complaints were submitted.[4]As a result of paragraph 3 above, the complaint of whistleblowing detriment was brought out of time and is struck out.[5]The final merits hearing due to begin on 22nd September 2025 will proceed; updated case management orders in respect of the final hearing will be sent to the parties separately.