Claimant v Mitie Limited
Outcome
Individual claims
Respondent did not seek to strike out the unfair dismissal claim. The claim was based on dismissal for redundancy on 24 July 2024 and remains to be determined at a future hearing.
Struck out as abuse of process under Henderson v Henderson. The claim concerned not being allowed to return to work from May 2023 to July 2024. By the May 2024 trial of the earlier claim, 12 of the 14 months had passed, OH reports had been issued and evidence heard on this matter. Claimant had time to seek an amendment but did not do so and should have done so.
The claim relating to dismissal remains to be determined. The claim relating to not being allowed to return to work from May 2023 to July 2024 was struck out as abuse of process, as 12 of the 14 months had passed by the time of the May 2024 trial and the Claimant had time to seek an amendment but did not.
Struck out as abuse of process. The claim concerned not implementing OH reports between May and December 2023. Claimant knew of and took issue with this at the time of the May 2024 trial of the earlier claim. The tribunal noted this was not an allegation before that tribunal. Claimant could have brought this claim or raised it at that time.
The claim relating to dismissal remains to be determined. Claims relating to not being allowed to return to work (known about bar two months at the time of the May 2024 trial) and the protected conversation of January 2023 (known when the April 2023 claim was brought) were struck out as abuse of process. Claimant had time to seek an amendment but did not do so.
Dismissed as out of time. The claim related to holiday pay for calendar year 2023 (January to December 2023). The basic time limit would have been 31 March 2024. The claim was presented on 10 September 2024, approximately six months out of time. Claimant did not show it was not reasonably practicable to make a claim in time.
Facts
The claimant was employed as a Surveyor in the Mitie Telecoms sector from November 2020 until dismissal for redundancy on 24 July 2024. He has sleep epilepsy and Autistic Spectrum Disorder. He had previously brought a claim in April 2023 which was heard over four days in May 2024 and dismissed. He then brought two further claims in June and September 2024, alleging disability discrimination including not being allowed to return to work from May 2023 based on OH reports, failure to make reasonable adjustments, victimisation including a protected conversation in January 2023, unfair dismissal, and holiday pay for 2023.
Decision
The tribunal struck out most of the discrimination claims as an abuse of process under Henderson v Henderson, finding that the claimant knew about the alleged discrimination by the time of his May 2024 trial and could and should have sought to amend that claim. The holiday pay claim was dismissed as approximately six months out of time with no showing it was not reasonably practicable to claim earlier. Only the unfair dismissal claim and parts of the section 15 and victimisation claims relating to the July 2024 dismissal remain.
Practical note
Claimants must bring all known claims or seek to amend existing claims timeously - the Henderson v Henderson principle prevents raising in new proceedings matters that could and should have been raised in earlier proceedings, even if an amendment might have been refused.
Legal authorities cited
Statutes
Case details
- Case number
- 2309165/2024
- Decision date
- 1 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Surveyor
- Service
- 4 years
Claimant representation
- Represented
- No