Tag

#res-judicata

6 cases tagged res Judicata.

Respondent won · Jun 2023

Collection driver dismissed after hernia: employer's capability decision upheld

A collection and delivery driver with an umbilical hernia and muscle condition was fairly dismissed on capability grounds after his employer exhausted temporary adjustments. The tribunal found DPD Group UK Limited acted reasonably.

umbilical-herniadivarication-of-rectioccupational-health
Claim dismissed · May 2023

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.

disability-discriminationunfair-dismissaldeposit-order
Claim dismissed · May 2023

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.

public-interest-disclosureres-judicataabuse-of-process
Respondent won · Mar 2023

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.

res-judicataabuse-of-processstrike-out
Claim dismissed · Mar 2023

Former employee cannot re-litigate withdrawn claim: res judicata bars identical complaints

A former employee who withdrew an earlier claim and then brought the same complaints again has had her case struck out. The tribunal ruled it had no jurisdiction to hear the identical allegations.

withdrawn-claimres-judicatastrike-out
Respondent won · Mar 2023

Customer assistant dismissed for gross misconduct: fair process despite delays

A Tesco customer assistant with 10 years' service was fairly dismissed for gross misconduct after making racist comments, the tribunal ruled, rejecting claims of race discrimination and victimisation.

race-discriminationvictimisationwhistleblowing