Claimant v Tyne & Wear Passenger Transport Executive t/a Nexus
Outcome
Individual claims
This was a preliminary hearing on the respondent's strike-out and deposit order applications. The tribunal dismissed the strike-out application, finding core factual disputes requiring determination at a full merits hearing. Deposit orders of £50 each were made for detriments two and three due to little reasonable prospect of success on time taken to provide references. Detriment one was withdrawn by the claimant. The substantive victimisation claims remain to be determined.
Facts
The claimant brought her third claim against the respondent, alleging victimisation relating to delays in providing employment references. The employment relationship ended in 2022. The claimant alleged three detriments: references requested by Tyne Coast College (October 2023), Humley (January-February 2024), and Tutor Recruitment (April 2024, delayed due to staff annual leave). The respondent applied to strike out the claims as abuse of process, vexatious, and having no reasonable prospect of success. Two previous claims by the claimant against the respondent had been struck out.
Decision
The tribunal dismissed the respondent's strike-out application, finding that core factual disputes existed requiring determination at a full hearing, particularly regarding whether a policy was unfairly applied, causation, detriment, and time limits. However, the tribunal made deposit orders of £50 each for detriments two and three, finding little reasonable prospect of success regarding the time taken to provide those references. The tribunal also rejected the abuse of process argument, finding the current claims concerned different subject matter from previous litigation.
Practical note
Even in the context of serial litigation by an unrepresented claimant, tribunals will be cautious about striking out discrimination claims where core facts are disputed and should be determined at a full hearing, though deposit orders may be appropriate where specific allegations have little reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6006332/2024
- Decision date
- 4 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No