Claimant v Ambitions Limited
Outcome
Individual claims
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.
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.
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.
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.
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.
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.
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
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