Cases1307884/2022

Claimant v Solicitors Regulation Authority Limited

18 October 2024Before Employment Judge D WrightMidlands Westremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

The tribunal found that the matters raised related to facts already tried and judged in previous proceedings from March 2023. There had been no material changes since those cases and the factual matrix remained the same, with the respondent maintaining the same restrictions on the claimant's practicing certificate stemming from the original 2015 investigation.

Direct Discrimination(disability)struck out

The tribunal found these allegations had already been considered in Judge Flood's reserved judgment dated 12 June 2023. The claimant was unable to provide clarity as to any fresh basis for discrimination claims, and the reasons for maintaining conditions on his practicing certificate stemmed from the original 2015 investigation with no changes of circumstance.

Direct Discrimination(age)struck out

The tribunal applied principles of res judicata and issue estoppel, finding that the issue of how and why the decision was made to place restrictions on the claimant's practicing certificate had already been considered in the previous March 2023 hearing with findings of fact made.

Victimisationstruck out

The tribunal found no new facts related to these claims and that judgment in respect of the factual allegations raised had already been made. The claimant's complaints stemmed from the respondent's original decision to impose restrictions on his practicing certificate, which had already been addressed in previous proceedings.

Harassmentstruck out

The tribunal found that whether the original investigation into the claimant's conduct was tainted with discrimination or whether the claimant had been harassed had already been considered in considerable detail by the tribunal panel in March 2023 and addressed in Judge Flood's reserved judgment.

Facts

The claimant, a solicitor, brought multiple claims alleging race, disability and age discrimination, victimisation and harassment arising from restrictions placed on his practicing certificate by the respondent in 2015. Three consolidated claims (case numbers 1307884/2022, 1308608/2022 and 1300342/2024) related to the continuing application of these same restrictions to annual practicing certificate renewals. The claimant had not practiced as a solicitor since the original restrictions were imposed, so there were no changes of circumstance. The factual allegations had already been considered in detail in previous proceedings heard in March 2023, resulting in a reserved judgment by Judge Flood dated 12 June 2023.

Decision

Employment Judge Wright struck out all three claims under Rule 37(1)(a) as having no reasonable prospect of success. The tribunal found that the matters raised related to facts already tried and judged in the previous March 2023 proceedings. There had been no material changes since those cases and the factual matrix remained the same. The principles of res judicata and issue estoppel applied, preventing the claimant from re-litigating matters already determined.

Practical note

Claimants cannot circumvent principles of res judicata by issuing fresh tribunal claims based on the same factual matrix and continuing application of decisions already subject to final judgment, even when framed as complaints about annual renewals or ongoing conduct.

Legal authorities cited

Henderson v Henderson (1843) 3 Hare 100, 115

Statutes

Employment Tribunal Rules 2013 Rule 37Solicitors Act 1974 s.13Equality Act 2010 s.120(7)

Case details

Case number
1307884/2022
Decision date
18 October 2024
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
legal services
Represented
Yes
Rep type
barrister

Employment details

Role
Solicitor

Claimant representation

Represented
No