Claimant v Airbus Operations Ltd — 2024

The tribunal considered a renewed strike-out application in claims by Mr A Male against Airbus Operations Ltd. It held that the first claim of discrimination arising from disability, the indirect disability discrimination claim, and the second failure to make reasonable adjustments claim, identified as issues 5.1.1, 6 and 7.2.2 in Employment Judge Grubb's list of issues, had already been before a tribunal in case 1601482/22 about the February 2018 selection process for the position of Customer Support Aircraft Electrician. Judge Sharp concluded that those claims were the same matter for res judicata purposes and that bringing them again was an abuse of process, so they were struck out.

The judge noted that the earlier tribunal had determined on 9 August 2023 that the disability discrimination complaints in case 1601482/22 were out of time and that it was not just and equitable to extend time. The judge also recorded that the victimisation claim in the earlier case had been dismissed, although full written reasons had not been provided.

By contrast, the current victimisation issue 8.3.1, said to concern a refusal to investigate a grievance dated 10 August 2023, was not struck out. The tribunal said it could not assess the reasonable prospects of success without factual findings and witness evidence, because it was not yet clear whether the refusal could amount to a detriment or whether it was because the claimant had done a protected act. The respondent's application for a deposit order was also refused, and the judgment states that the remaining claims would proceed to a final hearing.