Fasuyi v Compass Contract Services (UK) Ltd - Allegations supporting second claim must be considered, despite not amounting to free-standing claims [2010] EAT

If allegations are put to an Employment Tribunal both as freestanding claims for damages and as evidence supporting a further (in this case constructive dismissal) claim, the fact that the Tribunal does not have jurisdiction to consider the freestanding claims does not mean that the Tribunal should not consider those allegations as part of the further claim.

Compass Contract Services Ltd ("Compass"), which provided hospitality services at the O2 Arena, employed Mr Fasuyi from 1 January 2008 to 25 January 2009 when he resigned. He was employed under a 'zero hours' contract, under which he was not guaranteed any minimum working hours each week by Compass. In October 2008 Mr Fasuyi presented an ET1 to the employment tribunal, claiming non-payment of wages (on two occasions in July and August 2008) as well as sex and race discrimination. At a Pre-Hearing Review, an employment tribunal ruled that it had no jrisdiction to consider the non-payment allegations as free-standing claims.

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