Claimant v Forza Foods Limited
Outcome
Individual claims
Claimant previously brought claim in 2023 alleging not being allowed to work overtime in 2023. Claim withdrawn by claimant on 6 December 2023. Tribunal dismissed this allegation in the second claim applying Henderson v Henderson, finding it would be misuse of tribunal to re-litigate matters that could and should have been raised in the earlier proceedings.
Historical claims regarding failures to make reasonable adjustments between 2020 and 2023 before medical suspension (concerning cleaning toilets, fast line work, bending and lifting requirements) were dismissed. Claimant had brought similar claims in 2023 case which he withdrew. Tribunal found under Henderson v Henderson that claimant should not be permitted to raise same or slightly different reasonable adjustment allegations that could have been presented in first claim, as this would be misuse of tribunal process.
Claim proceeds to full hearing. Tribunal ordered that complaint about dismissal of disabled person in February 2024 will be determined at future hearing scheduled for three days.
Discriminatory dismissal claims (both Section 15 and direct discrimination) proceed to full hearing. Tribunal will determine whether dismissal in 2024 was discriminatory, considering claimant's position that it was unjust to dismiss when he had care plan and was much improved compared to 2023.
Facts
Claimant worked as Factory/Hygiene Operative from August 2020 to February 2024 and suffers from Hereditary Hemorrhagic Telangiectasia causing fatigue and nosebleeds. He brought disability discrimination claims in July 2023 regarding events from 2020-2023, which were listed for final hearing in March 2024. In December 2023, while on paid medical suspension, he withdrew that claim stating he wanted to work with the employer. He was dismissed in February 2024 and brought a second claim in April 2024 including unfair and discriminatory dismissal, plus re-litigating the historical 2020-2023 disability claims from the withdrawn case.
Decision
The tribunal dismissed the claimant's attempt to re-litigate historical disability discrimination claims from 2020-2023 that were part of his withdrawn 2023 case, applying the Henderson v Henderson principle that this would be an abuse of process. However, the tribunal allowed the unfair and discriminatory dismissal claims relating to the February 2024 termination to proceed to a full hearing.
Practical note
A claimant who voluntarily withdraws tribunal claims cannot resurrect the same causes of action in a subsequent claim, even if the earlier claim was not formally dismissed with a judgment on the merits - the Henderson v Henderson abuse of process principle applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6001838/2024
- Decision date
- 31 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Factory/Hygiene Operative
- Service
- 4 years
Claimant representation
- Represented
- No