Claimant v Secretary of State for Justice
Outcome
Individual claims
The claim was struck out as an abuse of process because the matters to which it relates have already been determined at a previous hearing. This is a case of res judicata where the claimant was attempting to re-litigate issues that had already been decided.
Facts
The claimant brought a claim to the employment tribunal relating to matters that had already been determined at a previous hearing. The respondent applied to strike out the claim as an abuse of process and also sought a costs order. The hearing took place by video before Employment Judge Russell on 18 December 2025 at Watford.
Decision
The tribunal struck out the claim as an abuse of process because the matters had already been determined at a previous hearing. While the respondent's costs application satisfied the threshold conditions under rule 74(2)(a), the tribunal exercised its discretion not to award costs.
Practical note
Attempting to re-litigate matters already decided by a tribunal will result in the claim being struck out as an abuse of process, though costs orders are still discretionary even where vexatious conduct is established.
Legal authorities cited
Case details
- Case number
- 6022626/2024
- Decision date
- 18 December 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No