Claim struck out: no employment relationship with Financial Ombudsman Service
A former complainant who claimed to be an employee of the Financial Ombudsman Service had all his claims struck out after failing to attend a preliminary hearing and providing no evidence of an employment relationship.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant submitted an ET1 claiming unfair dismissal, race discrimination, redundancy, notice pay, arrears of pay, and other payments.
- The respondent stated the claimant was never an employee or worker, only a complainant.
- The claimant did not attend the preliminary hearing and provided no evidence of an employment relationship.
- The tribunal found no contract of employment or personal work arrangement between the parties.
- All claims were struck out for having no reasonable prospects of success.
Timeline
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Claimant alleges employment commenced
The claimant stated his employment with the respondent began on this date, but no evidence of any contract or work was provided.
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ET1 submitted
The claimant filed a claim with the Employment Tribunal alleging unfair dismissal, race discrimination, redundancy, and other claims.
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Notice of strike-out hearing
The claimant was notified of the preliminary hearing to consider striking out his claims.
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Preliminary hearing
The hearing was held at East London Employment Tribunal. The claimant did not attend and confirmed he would not participate.
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Judgment issued
Employment Judge Park struck out all claims, finding no reasonable prospects of success as the claimant was not an employee or worker.
The legal issue
The tribunal had to decide whether the former employee had any reasonable prospect of establishing that he was an employee or worker of the Financial Ombudsman Service, and thus whether the tribunal had jurisdiction to hear his claims for unfair dismissal, race discrimination, and other payments.
The outcome
The tribunal struck out all claims, finding they had no reasonable prospects of success.
The key reason was that the former employee was never an employee or worker of the Financial Ombudsman Service. The only connection was that he had made complaints to the service about a bank. He provided no evidence of any contract or personal work arrangement.
No compensation was awarded as the claims were struck out before any substantive hearing.
Lessons & takeaways
- To bring an employment tribunal claim, you must first establish that you are an employee or worker of the respondent — a mere complaint or application is not enough.
- Attending preliminary hearings is crucial; failure to attend may lead to your claim being struck out without consideration of the merits.
- If you are representing yourself, ensure you provide clear evidence of an employment relationship, such as a contract, payslips, or proof of work.
- Claims with no reasonable prospects of success can be struck out early, saving time and costs for all parties.
This case shows the importance of establishing an employment relationship before bringing claims to an employment tribunal. The former employee alleged he was employed by the Financial Ombudsman Service, but the only connection was that he had made a complaint to the service about his bank. He provided no contract, payslips, or any evidence of work performed.
What went wrong
The former employee did not attend the preliminary hearing and confirmed he would not participate. The tribunal considered the evidence and found no basis for an employment relationship. Even a potential race discrimination claim related to a job application was not raised in the claim form. The tribunal concluded that all claims had no reasonable prospects of success and struck them out.
What the respondent could have done differently
The respondent acted appropriately by raising the jurisdictional issue early. They provided evidence that the claimant was only a complainant, not an employee. The tribunal noted that the respondent had discovered the claimant applied for a role but was rejected, but this was not part of the claim.
Why this matters
This case is a reminder that employment tribunals only have jurisdiction over employees and workers. Claimants must provide evidence of their employment status. Claims based on a misunderstanding of the relationship are likely to be struck out at an early stage, especially if the claimant fails to engage with the process.
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