Mr A Brown v Home Office: 2405585/2020
JUDGMENT
[1]The correct name for the respondent is ‘The Home Office’ as the claimant was employed by this government department at the material time of this claim.[2]The Tribunal accepts that the claimant has made a claim for breach of contract during the currency of his employment with the respondent and that in accordance with the section 3 of the Employment Tribunals Act 1996, read in conjunction with Articles 3 and 7(a) of the Employment Tribunals’ Extension of Jurisdiction (England & Wales) Orders 1994, the Tribunal does not have jurisdiction to hear this claim.[3]Accordingly, the Tribunal accepts that the respondent’s application that the claimant’s claim be struck out in accordance with Rule 37(1)(a) of the Employment Tribunals’ (Constitution & Rules of Procedure) Regulations 2013 is successful because the claim has no reasonable prospects of success.[4]In reaching this decision, the Tribunal has taken into account the claimant’s written representations made to the Tribunal in his reply to the response (and including the respondent’s pleadings in the response relating to jurisdiction and their application for strike out,) dated 22 December 2021 and contained in the respondent’s preliminary hearing bundle. Case Number: 2405585/2020(V)[5]Accordingly, the Tribunal is satisfied that the claimant has been given reasonable opportunity to make representations in writing in accordance with Rule 37(2) and for the reasons given above, the claim is struck out in accordance with Rule 37(1)(a).