Claimant v Carlisle Support Services Group Ltd
Outcome
Individual claims
This complaint alleged the claimant was not offered a permanent position whenever a vacancy arose. It was struck out because it had no reasonable prospect of success, having been previously brought under case number 2407401/2023 and struck out by Judge Porter on 26 September 2024. The tribunal found cause of action estoppel applied to this claim.
Other age discrimination complaints remain in the list of issues and will proceed to final hearing on 13-15 January 2027. These were unaffected by the strike-out judgment.
Victimisation complaints remain in the list of issues and will proceed to final hearing on 13-15 January 2027. These were unaffected by the strike-out judgment.
Facts
The claimant brought age discrimination and victimisation claims against the respondent. One specific age discrimination allegation concerned not being offered permanent positions when vacancies arose. This same allegation had been brought in earlier proceedings (case 2407401/2023) and struck out by Judge Porter on 26 September 2024. The respondent applied to strike out this repeated claim at a preliminary hearing.
Decision
The tribunal struck out the age discrimination complaint regarding permanent position vacancies, finding it had no reasonable prospect of success and was barred by cause of action estoppel, having been previously determined in case 2407401/2023. Other age discrimination and victimisation complaints remain live and will proceed to final hearing.
Practical note
A claimant cannot re-litigate the same cause of action that has been previously struck out in earlier proceedings - the doctrine of cause of action estoppel will apply to prevent abuse of process.
Legal authorities cited
Case details
- Case number
- 6013799/2024
- Decision date
- 9 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No