Waking night support worker's personal injury claim struck out: tribunal has no jurisdiction
A tribunal confirmed it had no power to hear a waking night support worker's claim for damages after a service user threw a fire extinguisher at him, because the claim was for personal injury – which falls outside the employment tribunal's jurisdiction.
1 min read · Last updated 18 May 2026
Case details
- #breach-of-contract
- #jurisdiction
- #personal-injury
- #health-and-safety
- #waking-night-support-worker
Key facts
- The claimant was employed from 22 November 2019 to 18 March 2021 as a Waking Night Support worker.
- On 26 September 2020, a service user threw a fire extinguisher at the claimant, narrowly missing him.
- The claimant resigned on 18 March 2021, not in response to the alleged breach of contract.
- The claimant sought damages for trauma, injury to feelings, and loss of earnings due to the incident.
- The tribunal found the damages claimed fell under personal injury, which is outside its jurisdiction.
Timeline
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Employment started
Claimant began employment with the respondent as a Waking Night Support worker.
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Assault by service user
A service user threw a fire extinguisher at the claimant, who narrowly avoided injury.
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Harassment began
Claimant alleges harassment by recruitment consultants after the incident.
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Completed assignment
Claimant completed an assignment for the respondent from 5 October to 8 November 2020.
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Grievance letter
Claimant wrote to respondent alleging breach of contract, slander, and harassment.
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Resignation
Claimant resigned from employment.
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Preliminary hearing
At a preliminary hearing, claimant confirmed he did not resign due to the alleged breach and disavowed constructive dismissal.
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Original judgment
Tribunal struck out breach of contract claim for lack of jurisdiction.
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Reconsideration application
Claimant applied for reconsideration of the strike-out decision.
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Reconsideration hearing
Hearing to reconsider the strike-out decision; claimant attended from tribunal room via CVP.
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Judgment on reconsideration
Employment Judge Lewis confirmed the strike-out decision, finding the claim was for personal injury damages outside tribunal jurisdiction.
The legal issue
Whether the employment tribunal has jurisdiction to hear a breach of contract claim where the damages sought are for personal injury (including trauma and injury to feelings) arising from a workplace assault, given that the Extension of Jurisdiction Order 1996 excludes personal injury claims.
The outcome
The tribunal confirmed its earlier decision to strike out the claim for breach of contract for lack of jurisdiction.
The key reason was that the damages claimed – for trauma, injury to feelings, and loss of earnings resulting from the assault – were in substance a personal injury claim. Under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1996, claims for damages for personal injury cannot be brought in the employment tribunal; they must be pursued in the civil courts.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you are injured at work and want compensation, you generally need to bring a personal injury claim in the civil courts, not the employment tribunal – even if the injury also involves a breach of your employment contract.
- Employment tribunals can only hear breach of contract claims up to £25,000, and they cannot award damages for personal injury (including psychiatric injury or injury to feelings) – those must go to the county court or High Court.
- If you resign and later claim breach of contract, the resignation must be in response to the breach – otherwise you cannot claim constructive dismissal, and your contract claim may be limited.
- Seeking legal advice early can help you identify the correct forum for your claim – bringing a personal injury claim in the tribunal will likely be struck out, wasting time and effort.
What this case shows in practice
A waking night support worker was assaulted by a service user who threw a fire extinguisher at him. He narrowly avoided injury but was left traumatised. He resigned several months later and brought a breach of contract claim in the employment tribunal, seeking damages for trauma, injury to feelings, and loss of earnings.
However, the tribunal found that the essence of his claim was personal injury – the harm he suffered was physical and psychological, not purely financial. Under the rules that govern what the employment tribunal can hear, personal injury claims are excluded. The claim was struck out.
What the respondent did right
BS Project Services Limited t/a BS Social Care argued that the claim fell outside the tribunal's jurisdiction. The tribunal agreed, noting that the claimant's own description of his claim – 'suffered untold distress' and 'narrow escape prevented me not to be seriously injured' – made clear it was about personal injury.
Why this matters for similar claims
This case is a reminder that the employment tribunal is not a catch-all forum for workplace disputes. If you are injured at work – whether physically or psychologically – and want compensation, you must usually bring a personal injury claim in the civil courts. The tribunal can only deal with breach of contract claims that are purely about money (like unpaid wages or notice pay) and even then only up to £25,000.
The claimant here represented himself and may not have realised the jurisdictional limit. The outcome might have been different if he had sought legal advice earlier about the correct route for his claim.
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