Apprentice's discrimination claim against college struck out: no employment relationship
A carpentry apprentice who alleged discrimination by New City College had his claims struck out because the tribunal had no jurisdiction over a further education college.
1 min read · Last updated 18 May 2026
Case details
- #apprenticeship
- #further-education-college
- #student-not-employee
- #jurisdiction
- #strike-out
- #race-discrimination
- #religion-discrimination
- #disability-discrimination
Key facts
- The claimant was a carpentry apprentice employed by E J Interiors Ltd and later Horohoe Construction Ltd, not by New City College.
- The claimant spent one day per week at New City College's Hackney campus for off-site learning.
- The claimant's apprenticeship was terminated by Horohoe Construction Ltd in February 2022 due to poor workmanship and attendance.
- The claimant alleged discrimination by college staff based on race, religion, and disability, but the employment tribunal found it had no jurisdiction over claims against a further education college.
- The unfair dismissal claim was dismissed because the claimant was not an employee of the respondent.
Timeline
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Apprenticeship started
Claimant began a carpentry apprenticeship with E J Interiors Ltd, with off-site learning at New City College.
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Lockdown began
UK lockdown started; claimant was furloughed and later likely made redundant by E J Interiors.
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New employer
Claimant started work with Horohoe Construction Ltd; apprenticeship extended to 29 January 2023.
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Knowledge test missed
Claimant could not attend a City and Guilds knowledge test due to Covid.
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Second test booked
A second knowledge test was booked for 2 February 2022.
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Dismissed by Horohoe
Horohoe Construction Ltd dismissed the claimant citing poor workmanship and attendance.
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Training ended
New City College ended the claimant's training due to performance and attendance.
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ACAS early conciliation
Claimant contacted ACAS for early conciliation; certificate issued same day.
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Claim presented
Claimant presented claims of unfair dismissal and discrimination to the employment tribunal.
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Case management hearing
Employment Judge Palca ordered claimant to provide further information by 21 October 2022.
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Preliminary hearing and judgment
Employment Judge Goodman struck out the claims for lack of jurisdiction.
The legal issue
Whether the employment tribunal can hear claims of unfair dismissal and discrimination brought by a student against a further education college where the student was not an employee of the college.
The outcome
The tribunal struck out the discrimination claims and dismissed the unfair dismissal claim. The key reason was that the claimant was not an employee of New City College – he was a student who attended one day a week for off-site learning as part of his apprenticeship with other employers. The tribunal has no jurisdiction to hear discrimination claims against a further education college, and unfair dismissal claims require an employment relationship.
No compensation was awarded as the claims were struck out/dismissed.
Lessons & takeaways
- Employment tribunal claims can only be brought against your employer, not against a college or training provider you attend as a student.
- If you are an apprentice, your employer is the company that pays you and controls your work, not the college providing off-site training.
- Discrimination claims against further education colleges fall outside the employment tribunal's jurisdiction – they may need to be brought in a different court or through a different process.
- It is essential to provide clear details of your claim when ordered by the tribunal; failing to do so can lead to strike-out.
This case shows the limits of employment tribunal jurisdiction when it comes to apprentices and further education colleges. The claimant was a carpentry apprentice employed by two different construction firms during his apprenticeship, but attended New City College one day a week for off-site learning. When his apprenticeship ended due to poor workmanship and attendance, he brought claims of unfair dismissal and discrimination against the college.
The legal barrier
The tribunal had to decide whether it could hear claims against a college that was not the claimant's employer. The law is clear: only employees can bring unfair dismissal claims, and discrimination claims against further education colleges are not within the employment tribunal's jurisdiction. The claimant argued that college staff made stereotypical assumptions about him because of his race, religion, and disability, but the tribunal could not consider these allegations on their merits.
What the college could have done differently
While the college's actions were not examined in detail, the case highlights the importance of understanding who your legal employer is. For apprentices, the employer is the company that provides the work and pay, not the training provider. The college ended the claimant's training due to performance and attendance issues, but this was a matter for the college-student relationship, not an employment one.
Why this matters
This case serves as a reminder that employment tribunal rights are tied to employment status. Apprentices who experience discrimination at a training provider may need to pursue their claim through a different legal route, such as a county court or a complaint to the college's governing body. The tribunal's decision to strike out the claims was based on jurisdiction, not on the merits of the discrimination allegations.
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