Mrs El Huseini, accompanied by Mr D Melville retired solicitor For the v Respondent — 2023

The tribunal held that the earlier judgment of Employment Judge Broughton dated 2 August 2016 and the reconsideration decision dated 6 November 2016 were judicial decisions determining the claimant's earlier disability discrimination complaints in case 1300499/2016. On that basis, the present complaints of unlawful discrimination because of disability arising on or before 20 March 2016, including the direct discrimination and s15 Equality Act 2010 matters identified in the issues, were res judicata and were struck out.

The tribunal also held that the complaints of unlawful deduction from wages and protected disclosure detriment arising on or before 20 March 2016 were res judicata and struck out. The claimant's application to amend the complaints succeeded to the extent identified in the later case management orders, which allowed additional allegations to be identified as direct discrimination and discrimination arising from disability, but the respondent's application to strike out under Rule 37(1) of the Employment Tribunal Rules 2013 did not succeed. No monetary award is recorded in the judgment.