Case 2302724/2025 · Employment Tribunal
Miss Clarke v Network Rail Infrastructure Limited — 2025
- Case reference
- 2302724/2025
- Decision date
- 17 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hart Representation
Parties
2 namedClaimant
Miss Clarke
Respondent
Key findings
Tribunal's reasoningThe Tribunal struck out the Claimant's claim under rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024 on the grounds that it was scandalous or vexatious, because it was subject to a cause of action estoppel and / or an abuse of process.
In the alternative, the Tribunal struck out the claim under rule 38(1)(b) on the grounds that the manner in which the proceedings had been conducted by or on behalf of the Claimant had been scandalous, unreasonable or vexatious, again because it was subject to a cause of action estoppel and / or an abuse of process. The Tribunal also stated, in the further alternative, that the claim had no reasonable prospect of success because the complaints were out of time.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The gov.uk listing category identifies Public Interest Disclosure, and the judgment states the claimant's claim was struck out. The short written judgment does not set out individual complaints or written reasons. | Struck out | — | — |
| Race discrimination | The gov.uk listing category identifies Race Discrimination, and the judgment states the claimant's claim was struck out. The short written judgment does not set out individual complaints or written reasons. | Struck out | Race | — |
| Sex discrimination | The gov.uk listing category identifies Sex Discrimination, and the judgment states the claimant's claim was struck out. The short written judgment does not set out individual complaints or written reasons. | Struck out | Sex | — |
Legal tests applied
5 references- rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024
- rule 38(1)(b) of the Employment Tribunal Procedure Rules 2024
- cause of action estoppel
- abuse of process
- no reasonable prospect of success
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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