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2216151/2024Dismissed

Department for Education

7 November 2024England & WalesEmployment Judge Davidson
GOV.UK

Case Summary

The case was dismissed due to lack of jurisdiction as no formal contract of employment was formed between the claimant and the respondent.

Why this outcome?

No employee/worker status

The tribunal found no formal contract of employment existed between the claimant and respondent, meaning the tribunal lacked jurisdiction to hear the claim.

Key Issues

  • jurisdiction of the tribunal to hear 'withdrawal of offer' claim
  • formation of an employment contract

Claim Types

Decision Text

Case No: 2216151/2024 1 EMPLOYMENT TRIBUNALS Claimant: Mr S Ludin Respondent: Department for Education Heard via Cloud Video Platform (London Central) On: 1 November 2024 Before: Employment Judge Davidson Representation Claimant: in person Respondent: Mr P Smith, Counsel JUDGMENT FOLLOWING A PRELIMINARY HEARING The claimant’s claim for ‘withdrawal of offer’ is dismissed because the tribunal does not have jurisdiction to hear such a claim. REASONS At the end of the hearing, the claimant requested written reasons of the Judgment which had been delivered orally. Issues 1. This hearing was listed to consider what type of claim the claimant was intending to bring and whether the tribunal had jurisdiction to consider the claim. If the tribunal did have jurisdiction the issue would be whether the claim should nevertheless be struck out as having no reasonable prospect of success, alternatively whether a deposit order should be made on the basis that the claim has little reasonable prospect of success. 2. The claim relates to discussions between the claimant and the respondent in connection with the role of PA Apprentice. It is accepted that discussions were at an advanced stage with a conditional offer being made. The respondent withdrew that offer in circumstances which the claimant considered to be unfair. Case No: 2216151/2024 2 3. His ET1 form indicated that the type of claim he was bringing was ‘Withdrawal of the Offer’. No other claims were identified on the claim form. 4. The respondent made an application for a strike out of the claimant’s claims, asserting that no formal contract of employment was entered into. 5. The case had come before the tribunal on 19 August 2024. That hearing dealt with another application first and the claimant requested an adjournment of the respondent’...

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Employer

Respondent

Department for Education

Employer page →View all cases →

Employment Details

Industry
Public Sector / Government
Representation
Litigant in person

Case Details

Case Number
2216151/2024
Tribunal
Employment Tribunal
Level
First instance
Decision Date
07/11/2024
Published
03/12/2024
Jurisdiction
England & Wales
Judge
Employment Judge Davidson