Claimant v Tesco Stores Limited
Outcome
Individual claims
Struck out as abuse of process for acts on or before 23 February 2023. Claimant had previously withdrawn earlier claim (3300082/2022) which included unfair dismissal complaints. Tribunal found it would be unjust harassment to re-litigate same matters.
Struck out as abuse of process for acts on or before 23 February 2023. Claimant had expressly stated in February 2023 that he did not believe his manager had discriminated on grounds of race and withdrew the earlier claim. Change of mind without new evidence is insufficient to justify re-litigation.
Struck out as abuse of process for acts on or before 23 February 2023. Claimant had expressly withdrawn sex discrimination complaints in earlier claim and stated he did not believe treatment was discriminatory. Re-raising same complaints in new claim without new evidence is abuse of process.
Struck out as abuse of process for acts on or before 4 November 2022. However, tribunal ruled it is not abuse of process to rely on alleged incidents (regardless of date) to support argument of constructive dismissal in or around November 2023. Claims for disability discrimination after 4 November 2022 may proceed.
Struck out as abuse of process for arrears of pay relating to January 2023 payment or earlier. Claimant had confirmed in earlier proceedings on 4 November 2022 that he was not pursuing arrears of pay claim (May 2021) as it was out of time.
Tribunal ruled it is not an abuse of process for claimant to rely on any alleged incidents (regardless of date) to support his argument that there was a constructive dismissal in or around November 2023. This claim may proceed to final hearing.
Facts
The claimant worked part-time for Tesco from November 2018 to November 2023. He brought a first claim (3300082/2022) in January 2022 alleging unfair dismissal, race and sex discrimination. In February-April 2023, while experiencing mental health difficulties that led to hospitalisation under the Mental Health Act, he withdrew that claim, expressly stating he did not believe his manager had discriminated against him. A dismissal judgment was issued on 28 April 2023. In December 2023, he presented a second claim (3315267/2023) alleging unfair dismissal and disability discrimination, seeking to re-litigate matters from the first claim and raise new complaints about historic incidents.
Decision
The tribunal refused to extend time for the claimant to challenge the April 2023 dismissal judgment and struck out as abuse of process all complaints relating to acts before 23 February 2023 (sex/race discrimination, unfair dismissal, wage arrears) or 4 November 2022 (disability discrimination). However, the tribunal held it was not abuse of process for the claimant to rely on any historic incidents as background to support a constructive dismissal claim arising around November 2023, which may proceed to final hearing.
Practical note
A claimant who expressly withdraws discrimination claims stating they lack merit cannot re-litigate them in a new claim simply by changing their mind, even if mental health issues affected the withdrawal decision — this is abuse of process unless there is new evidence or a legitimate reason beyond change of mind.
Legal authorities cited
Statutes
Case details
- Case number
- 3315267/2023
- Decision date
- 1 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 5 years
Claimant representation
- Represented
- No