Mrs Denyse Schwartzel v GXO Logistics UK Limited — 2020

The claimant had previously brought proceedings against the respondent in 2019 concerning unfair dismissal and unauthorised deductions from wages. Those complaints were dismissed by Employment Judge Warren in a reserved judgment sent to the parties on 1 June 2020. Employment Judge Tynan found that the claimant’s attempt to re-litigate the unfair dismissal complaint was an abuse of process and totally without merit, and that any wages complaint was either previously determined or, if a different complaint about reduced pay in 2016 and 2017, significantly out of time with no adequate explanation.

The tribunal considered the disability discrimination and whistleblowing detriment complaints separately and was not satisfied that they had previously been brought so as to create an abuse of process. However, it found that both were poorly articulated and had no reasonable prospects of success. The whistleblowing complaint did not identify the protected disclosure relied upon, why it qualified for protection, the suspension complained of, or why any suspension was because of a protected disclosure.

On time limits, the tribunal found that the whistleblowing detriment complaint appeared to concern events in 2015 and was about six years out of time. The disability discrimination complaint concerned alleged workplace adjustments and was also substantially out of time. Taking account of the claimant’s stated health, bereavement, financial difficulties and the pandemic, the tribunal nevertheless found she had been professionally advised and able to participate in tribunal proceedings between January 2019 and February 2020, and that it was not just and equitable to allow the disability discrimination claim to proceed after such delay.