Ms X Yang v K Traveling Ltd: 3310009/2022
JUDGMENT
The Open Preliminary Hearing had been listed to determine(1) whether the claimant had been an employee or worker of the respondent and(2) whether the claimant was bringing claims which the Employment Tribunal could decide. The decision of the Employment Judge is:[1]The claimant was an employee of the respondent.[2]The claimant’s only claim before the Tribunal was for a payment said to be due to her under the terms of a ‘Shareholding Agreement’ between her and K Education Company. As K Education Company was not her employer at any time it this was not a claim which the Employment Tribunal could decide.[3]Accordingly the Employment Tribunal has no jurisdiction to determine the claimant’s complaint and the claim is dismissed.