Former employee's second claim struck out as vexatious after earlier dismissal
An employment tribunal has struck out a former employee's unfair dismissal, disability discrimination and whistleblowing claims as vexatious and having no reasonable prospects of success, after she had already lost a substantially similar claim against the same employer.
2 min read · Last updated 18 May 2026
Case details
- #strike-out
- #vexatious
- #out-of-time
- #previous-litigation
- #no-reasonable-prospects
Key facts
- The claimant had previously brought a claim against the respondent in 2019 which was dismissed after a full merits hearing.
- The claimant's unfair dismissal complaint had already been determined by Employment Judge Warren in 2020.
- The claimant's disability discrimination and whistleblowing detriment complaints were brought approximately 6 years out of time.
- The claimant failed to provide medical evidence to support her claimed PTSD or other health issues.
- The claimant was professionally advised and able to represent herself during the earlier proceedings.
Timeline
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Suspension
The claimant was suspended from work in September 2015.
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Reinstatement on appeal
The claimant's dismissal was reversed on appeal and she was reinstated.
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Previous claim presented
The claimant presented a claim against the respondent under case number 33000387/2019.
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Preliminary hearing
Employment Judge Foxwell held a preliminary hearing; the claimant was given permission to amend her claim to refer to her June 2019 dismissal.
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Full merits hearing
The claimant's previous claims were heard and dismissed by Employment Judge Warren.
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Reserved Judgment sent
Employment Judge Warren's Judgment dismissing the previous claims was sent to the parties.
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Current claim presented
The claimant presented the current claim form.
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Strike-out hearing
Employment Judge Tynan heard the respondent's application to strike out the claim.
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Judgment issued
The claim was struck out as vexatious and having no reasonable prospects of success.
The legal issue
The tribunal had to decide whether the former employee's second set of claims against the same employer should be struck out as an abuse of process or because they had no reasonable prospects of success, and whether the discrimination and whistleblowing complaints were brought too late.
The outcome
The tribunal struck out all of the former employee's claims.
- The unfair dismissal and unlawful deduction from wages complaints were struck out as vexatious and having no reasonable prospects of success, because they had already been determined in a previous claim that was dismissed after a full merits hearing in 2020.
- The disability discrimination and whistleblowing detriment complaints were struck out because they had no reasonable prospects of success and were brought approximately six years out of time, with no explanation for the delay.
- The tribunal also noted that the former employee had been professionally advised during the earlier proceedings and had not sought to amend her previous claim to include these complaints.
- No compensation was awarded as the claim was struck out in its entirety.
Lessons & takeaways
- If you have already brought a claim against an employer and lost, you cannot bring the same claim again – it will be struck out as an abuse of process.
- Employment tribunal claims must be brought within strict time limits (usually three months minus one day from the act complained of); delays of years are almost always fatal.
- If you are considering bringing multiple types of claim (e.g. unfair dismissal and discrimination), raise them all in one claim – you may not get a second chance.
- Seeking professional advice early can help you understand what claims you have and the time limits for bringing them.
When one case is enough
This case shows that employment tribunals will not allow a claimant to have a 'second bite at the cherry' by bringing a fresh claim that could and should have been raised in earlier proceedings. The former employee had already lost a full merits hearing on her unfair dismissal complaint in 2020, yet she presented a new claim in 2022 covering substantially the same ground, plus additional complaints of disability discrimination and whistleblowing detriment.
The tribunal found that the unfair dismissal and unlawful deduction complaints were vexatious because they had already been determined. The discrimination and whistleblowing complaints were brought around six years after the events in question – far beyond the three-month time limit – and the former employee gave no good reason for the delay. She had been professionally advised during the earlier proceedings and had not sought to amend her previous claim to include these complaints.
What the employer did right
GXO Logistics UK Limited applied promptly to strike out the claim, arguing that it was an abuse of process and had no reasonable prospects. The tribunal agreed, noting that the former employee had already had a fair hearing on the core issues. The employer's solicitor presented clear evidence of the earlier judgment and the timeline, which helped the tribunal see that the new claim was essentially a re-run.
What this means for similar claims
If you have already brought a claim against an employer and lost, you cannot bring the same claim again – even if you try to dress it up with additional allegations. The tribunal will strike it out. Similarly, if you have multiple potential claims (e.g. unfair dismissal and discrimination), you must bring them all within the time limits and ideally in one claim. Waiting years and then trying to resurrect old complaints will almost certainly fail.
The case also highlights the importance of keeping records of any advice you receive. The former employee claimed she had been given permission to bring the new claim, but could not produce any document to support that. The tribunal found no evidence of any such permission.
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