Mr C Lander v The Estate of Christopher Huckle and 2 others — 2021

Mr Lander had already brought claim 3200580/2020 against his employer, Incodia International Ltd, which included constructive unfair dismissal, unlawful deduction of wages and disability-related complaints. He later issued this separate claim against the three individual respondents after an earlier attempt to add them to the first case had been refused. Employment Judge Jones dealt with the respondents' strike-out application on the papers and applied the rule in Henderson v Henderson, together with the principles in Johnson v Gore Wood & Co.

The tribunal found that the claimant already had the material on which he relied when he issued the first claim, had legal representation at that stage, and did not explain why the individual respondents were not named then. It concluded that the discrimination arising from disability and harassment complaints against the individuals were complaints that could and should have been brought in the earlier proceedings, and that bringing them in this second claim was an abuse of process. The tribunal also noted that the employer accepted vicarious liability and appeared able to meet any liability, but that did not prevent strike-out.

The tribunal further held that the unlawful deduction of wages and constructive unfair dismissal complaints could not be brought against the individual respondents because those causes of action lie only against an employer under sections 13 and 94 of the Employment Rights Act 1996. The tribunal therefore said it had no jurisdiction to hear those complaints against the named individuals. The whole of claim 3213380/2020 was struck out. The claimant's reasonable-adjustments complaint had been withdrawn by letter dated 14 January 2021 and was dismissed in a separate judgment issued the same day.