4105806/2022

Mr P McAuley v Ethigen Ltd

Decision date
28 Aug 2023
Published
22 Sep 2023
Country
Scotland
Source
GOV.UK ↗
Breach of Contract Health & Safety Temporary Employment Unfair Dismissal Unlawful Deduction from Wages

Judgment · 42 pages · 151 indexed sections

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EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105806/2022 5 Held in Glasgow on 21 and 22 August 2023 Employment Judge P O’Donnell Mr P McAuley Claimant 10 In Person Ethigen Ltd Respondent 15 Represented by: Mr G Millar - Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL 20 The judgment of the Employment Tribunal is:
1. The Tribunal does not have jurisdiction to hear a claim under the Protection from Harassment Act 1997 and the claim brought under that legislation is hereby dismissed.
2. There was no contract between the claimant and respondent at all, let alone 25 a contract of employment. In these circumstances, the respondent is not the claimant’s employer and so there is no jurisdiction to hear a claim of unfair dismissal against the respondent. The claim of unfair dismissal is hereby dismissed.
3. The remainder of the claim is struck out under Rule 37(1)(b) of the 30 Employment Tribunal Rules of Procedure on the basis that the manner in which the proceedings have been conducted by the claimant has been scandalous, unreasonable or vexatious. 4105806/2022 Page 2

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