Claimant v Northern Divers (Engineering) Limited

The tribunal found the claim was vexatious, had never been raised during employment, and appeared to have been raised in retaliation for the respondent reporting the claimant to police for theft. The claim was also more than five months out of time with no explanation for the delay and no reasonable prospect of establishing it would be just and equitable to extend time.

The tribunal found the claim was vexatious, had never been raised during employment, and appeared to have been raised in retaliation for the respondent reporting the claimant to police for theft. The claim was also more than five months out of time with no explanation for the delay and no reasonable prospect of establishing it would be just and equitable to extend time.

The tribunal struck out the equal pay claim on the ground it had no reasonable prospect of success. The comparator (Jake) was employed as a trainee diver and then fully qualified diver doing an entirely different job involving unsocial hours, working away from home, and important health and safety responsibilities. The respondent's robust defence was unchallenged by the claimant who failed to attend the hearing or engage with proceedings.