Former employee's late notice pay claim dismissed as abuse of process
A former employee who brought an unfair dismissal claim without the required two years' service, and a notice pay claim nearly eleven months late, has had both claims dismissed by the London Central Employment Tribunal.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #lack-of-jurisdiction
- #abuse-of-process
- #vexatious-claim
Key facts
- The claimant presented an unfair dismissal claim on 27 October 2022.
- The claimant did not have two years' continuous service required for an unfair dismissal claim.
- The claimant had previously brought a claim (2200362/22) for wages and holiday pay, which was decided on 19 July 2022.
- The notice pay claim was presented nearly eleven months after the dismissal.
- The claimant failed to show it was not reasonably practicable to bring the notice pay claim in time.
Timeline
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Employment terminated
The claimant's employment ended on 31 October 2021.
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First judgment
Employment Judge Sullivan awarded the claimant £5,127.54 in arrears of wages and holiday pay in case 2200362/22.
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Claim presented
The claimant presented a new claim for unfair dismissal and notice pay.
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Tribunal letter
The tribunal wrote to the claimant pointing out lack of qualifying service and asking for a response by 23 December 2022.
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Claimant's first response
The claimant confirmed he did not have two years' service and explained he was claiming notice pay because it was not included in the earlier claim.
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Respondent's response
The respondent stated the claim was vexatious as the matter had already been decided.
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Tribunal direction
The tribunal directed the claimant to explain why the claim should not be struck out, by 3 January 2023.
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Claimant's second response
The claimant replied that he had already responded on 9 December.
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Judgment
Employment Judge Goodman dismissed both claims.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear an unfair dismissal claim where the claimant lacked two years' continuous service, and whether a notice pay claim presented nearly eleven months after dismissal could proceed despite being out of time and potentially an abuse of process.
The outcome
The tribunal dismissed both claims.
- The unfair dismissal claim was struck out because the claimant did not have the two years' continuous service required to bring such a claim.
- The notice pay claim was dismissed as out of time: it was presented nearly eleven months after the dismissal, far beyond the three-month time limit. The claimant failed to show it was not reasonably practicable to bring the claim in time. Additionally, the claim was an abuse of process because the claimant had already brought a previous claim for wages and holiday pay arising from the same dismissal, and should have included the notice pay claim then.
Lessons & takeaways
- You must have at least two years' continuous service to bring an unfair dismissal claim in most cases.
- Employment tribunal claims must be brought within three months of the act complained of; delay without a good reason will likely result in dismissal.
- If you bring a claim arising from your dismissal, you should include all related claims (e.g., notice pay) at the same time, or you may be barred from bringing them later.
- A tribunal can strike out a claim as an abuse of process if it duplicates or could have been brought in earlier proceedings.
This case shows the importance of understanding the strict time limits and procedural rules that govern employment tribunal claims. The former employee had already successfully brought a claim for wages and holiday pay following his dismissal in October 2021, but he did not include a claim for notice pay at that time. When he later tried to bring a separate claim for unfair dismissal and notice pay in October 2022, the tribunal found that he had no right to bring the unfair dismissal claim because he lacked the required two years' service, and the notice pay claim was far too late.
The tribunal noted that the claimant had been able to bring his first claim within time, which suggested it was reasonably practicable to bring the notice pay claim then. By waiting nearly eleven months, and after the first claim had been decided, the claimant was effectively trying to relitigate matters that should have been dealt with earlier. The tribunal described this as an abuse of process, citing the principle that litigants should bring all claims arising from the same set of facts at once.
What the respondent did right
RT Decorators and Builders Ltd argued that the claim was vexatious because the matter had already been decided. The tribunal agreed, and the respondent was not required to engage further. The case was dismissed without a hearing, saving both parties time and cost.
What this means for similar claims
This case is a reminder that employment tribunals will not allow claimants to piecemeal their claims. If you are dismissed, you should seek advice promptly and ensure that all potential claims (including notice pay, holiday pay, and unfair dismissal if you have sufficient service) are included in one claim. Missing the three-month deadline or failing to include a claim that could have been brought earlier will likely result in that claim being dismissed.
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