Claimant v Environment Agency
Outcome
Individual claims
The claim was struck out under Rule 37(1)(a) as having no reasonable prospects of success because the same complaints were already litigated and dismissed as out of time in case no. 1402514/2021. The tribunal found the bringing of the present claim was res judicata and tantamount to an abuse of process under Henderson principles.
The tribunal found this claim should have been raised in the earlier proceedings (1402514/2021) if it was to be raised at all. The claim was struck out as having no reasonable prospects of success and constituting an abuse of process.
Facts
The claimant was an Environment Officer who developed psychiatric illness following threats from a waste disposal contractor he had prosecuted. He left employment on 30 November 2016 under a Compromise Agreement receiving £51,914, having been advised by a barrister. He sought decisions on occupational injury allowance and ill health early retirement from active pension membership. He brought an earlier tribunal claim (1402514/2021) which was dismissed as out of time in April 2023. He then brought the present claim in August 2023 seeking the same remedies.
Decision
The tribunal struck out the claim under Rule 37(1)(a) as having no reasonable prospects of success. The judge found the matters had already been litigated and dismissed as out of time in the earlier case. Applying res judicata principles and Henderson abuse of process, the bringing of the present claim was tantamount to abuse. The whistleblowing claim should also have been raised in the earlier proceedings.
Practical note
A claimant cannot circumvent a time-bar dismissal by bringing a second claim based on the same facts and events, even if framed slightly differently or relying on later correspondence - this will be struck out as res judicata and abuse of process under Henderson principles.
Legal authorities cited
Statutes
Case details
- Case number
- 6001680/2023
- Decision date
- 24 June 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Environment Agency
- Sector
- regulator
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Environment Officer
- Service
- 12 years
Claimant representation
- Represented
- No