Tag
#abuse-of-process
14 cases tagged Abuse of Process.
Carer ordered to pay £6,000 costs for bringing identical claim after first was dismissed
A carer who brought a second, materially identical unfair dismissal claim after her first was struck out and she was ordered to pay £20,000 costs has been ordered to pay a further £6,000 for vexatious conduct.
Claims struck out after signing COT3: tribunal finds no abuse of process
A former employee who signed a settlement agreement and later brought new claims had her case struck out as an abuse of process. The tribunal found she had mental capacity when signing.
Long-serving employee's fresh claim struck out as abuse of process
A former Ministry of Defence employee with 34 years' service had his second unfair dismissal claim struck out for being substantially the same as a 2015 claim he withdrew, and for paying a deposit late.
Whistleblowing detriment claim dismissed as nearly a year out of time
A former fixed-term contract worker lost his whistleblowing detriment claim after presenting it nearly a year late. The tribunal also dismissed all other claims of unfair dismissal and discrimination.
COT3 agreement stands: former employee's misrepresentation claim struck out as abuse of process
A former employee who signed a COT3 settlement for £7,000 later tried to set it aside, alleging misrepresentation about redeployment rights. The tribunal struck out all claims as an abuse of process.
Whistleblowing claim struck out: relitigating the same disclosure
A former Transport for London engineer had his whistleblowing detriment claim struck out after trying to relitigate a disclosure already decided by a previous tribunal. He was ordered to pay £2,940 in costs for withdrawing the rest late.
Duplicate unfair dismissal claim struck out as abuse of process
A former employee's second unfair dismissal claim against Paperchase Products Ltd was struck out as an abuse of process, and his bid to force the Secretary of State to pay a basic award without a tribunal decision failed.
Former employee's repeated claims struck out as abuse of process
An employment tribunal struck out a series of claims brought by a former construction labourer against multiple respondents, finding them to be res judicata, an abuse of process, and totally without merit. The claimant was ordered to pay £20,000 in costs and £1,786 in preparation time.
Former employee's detriment claim struck out as abuse of process
A former employee's claim for protected disclosure detriment was struck out after the tribunal found the alleged acts were covered by judicial proceedings immunity and the claim was an abuse of process. A costs order of £20,000 was made.
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.
Claim struck out after claimant forged contract and switched SD card
A former employee who forged a contract of employment and swapped a blank SD card for evidence has had her unfair dismissal claim struck out for abuse of process.
Former employee's multiple claims largely struck out as abuse of process
A tribunal struck out most of a former employee's claims, including a pregnancy discrimination claim from a man, after finding the claims were misconceived, lacked reasonable prospects, or were an abuse of process. Only unfair dismissal and race discrimination claims against the employer survive.
Former employee's repeated claims struck out as abuse of process
A former Virgin Media employee had his latest tribunal claims struck out after bringing complaints that had already been decided in previous cases. The tribunal found the claims had no reasonable prospect of success.
Whistleblowing detriment claim dismissed as nearly one year out of time
A fixed-term employee who brought a whistleblowing detriment claim almost a year after the deadline had his case dismissed by the Bristol tribunal, which also found it would have been struck out as an abuse of process.