Mrs M Mulholland v Barclays Bank plc: 3324927/2017
JUDGMENT
[1]The claimant’s claim for breach of contract is struck out.REASONS
[1]The parties submitted written representations in accordance with the above timetable and those representations were considered carefully, are a matter of record and not repeated herein. It is noted however that the claimant’s representations did not deal with the matter of jurisdiction of the employment tribunal.[2]The contractual jurisdiction of employment tribunals is governed by: Section 3 of the Employment Tribunals Act 1996 (ETA 1996) and The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (SI 1994/1623) (Extension of Jurisdiction Order 1994).[3]For an Employment tribunal to hear a contractual claim brought by an employee, the claim must, amongst other criteria, arise or be outstanding on the termination of the employment of Case Number: 3324927/2017 the employee in question. This is a case where the claimant's employment is ongoing and for this reason, the employment tribunal does not have jurisdiction to consider a complaint of breach of contract and this particular claim for breach of contract is struck out.[1]The claimant’s claims for direct sex, direct race and direct disability discrimination fail and are dismissed.[2]The claimant’s claims for indirect sex, indirect race and indirect disability discrimination fail and are dismissed.[3]The claimant’s claim for breach of the Part-Time Workers Regulations fails and is dismissed.