Mr B King v Thales DIS UK Ltd Heard by Cloud Video — 2021

The tribunal considered whether the second claim form included a disability discrimination claim. It held that, although disability was referred to in the narrative, no reasonable reading of the document would alert a reader that a disability discrimination claim was being made, and it refused leave to amend to add such a claim.

The tribunal then considered whether the sex discrimination claim in the second proceedings should proceed. It rejected the respondent's issue estoppel argument because the first claim had been treated as unfair dismissal only, but concluded that the sex discrimination claim was an abuse of process because the claimant could have progressed the relevant matters in the first claim had he dealt properly with the tribunal's enquiries.