Cases3309011/2022

Claimant v Ambitions Limited

21 February 2025Before Employment Judge M WarrenNorwichin person

Outcome

Other

Individual claims

Holiday Paystruck out

The claimant's complaints regarding holiday pay for her employment up until 18 August 2021 were struck out on the grounds of cause of action estoppel, as these matters had already been determined in previous proceedings (case 3315210/2021) before Employment Judge King.

Unlawful Deduction from Wagesstruck out

The claim for failure to provide itemised pay statements for employment up until 18 August 2021 was struck out on the grounds of cause of action estoppel, having been dismissed as not well founded in the previous proceedings.

Constructive Dismissalnot determined

The claimant alleged multiple breaches of contract including failure to provide written contract, fake ID/employee numbers, incorrect payslips, and denial of holidays. The tribunal did not reach a determination at this preliminary hearing, listing the matter for further case management.

Direct Discrimination(race)not determined

The claimant ticked the box for race discrimination but did not provide comprehensible particulars despite orders. The tribunal noted she had previously attempted to advance discrimination claims before EJ King but was unable to identify a protected characteristic. Further clarification ordered.

Direct Discrimination(sex)not determined

The claimant ticked the box for sex discrimination but did not provide adequate particulars. The tribunal noted the allegations remained incomprehensible and required further exploration at the next preliminary hearing.

Direct Discrimination(religion)not determined

The claimant ticked the box for religion or belief discrimination but did not provide comprehensible particulars. The tribunal could not identify specific allegations and ordered further clarification.

Whistleblowingnot determined

The claimant ticked the box for protected disclosure but the tribunal found no evidence from the documents that she was advancing a whistleblowing claim. The claimant was ordered to explain what the alleged disclosure was and what detriment followed.

Facts

The claimant, a Latvian-speaking food packer employed since February 2017, resigned in May 2022 and brought claims including constructive dismissal, discrimination, and unpaid wages. She had previously brought tribunal proceedings in 2021 (case 3315210/2021) which were determined by EJ King in May 2022, dismissing or striking out claims for holiday pay and itemised pay statements. The claimant appealed that decision.

Decision

The tribunal struck out the claimant's complaints regarding holiday pay and failure to provide itemised pay statements for the period up to 18 August 2021 on the grounds of cause of action estoppel, as these had been determined in previous proceedings. The remaining claims for constructive dismissal and discrimination were not determined at this preliminary hearing due to lack of comprehensible particulars. A further preliminary hearing was listed to clarify the issues and consider whether other claims should be struck out.

Practical note

Claims that have been previously determined cannot be re-litigated due to cause of action estoppel, and claimants must provide comprehensible particulars of discrimination claims even when self-represented and facing language barriers.

Legal authorities cited

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2014] AC 160 SCArnold v National Westminster Bank Plc (No 1) [1991] 2 AC 93 SCHenderson v Henderson [1843] 3 Hare 100Johnson v Gore Wood and Co [2002] 2 AC 1 HLParker v Northumbrian Water Limited [2011] ICR 1172 EATFoster v Bon Groundwork Limited [2012] ICR 1027 CALondon Borough of Haringey v O'Brien EAT 0004/16

Case details

Case number
3309011/2022
Decision date
21 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Employment details

Role
Food Packer
Service
5 years

Claimant representation

Represented
No