Case 3309011/2022 · Employment Tribunal

In person, assisted by her Son For the v Respondent — 2022

Case reference: 3309011/2022
Decision date: 29 November 2022
Jurisdiction: England & Wales
Judge: Employment Judge M Warren Appearances
Venue: Norwich

Indexed: 23 May 2026

Parties

1 named

Claimant

In person, assisted by her Son For the

Respondent

Key findings

Tribunal's reasoning

At the public preliminary hearing on 10 July 2023, Employment Judge M Warren considered whether parts of Ms Deksne's new claim were barred because of earlier tribunal proceedings between the same parties. The judge reviewed the earlier judgment, the documents Ms Deksne produced in response to directions for further particulars, and the relevant authorities on cause of action estoppel, issue estoppel, and Henderson v Henderson / Johnson v Gore Wood abuse of process.

The complaint about holiday pay for the period up to 18 August 2021 was struck out. The judge held that holiday pay for July and August 2021, and any earlier holiday pay already determined in the earlier proceedings, could not be pursued again in this case. He also recorded that a claim for accrued but untaken holiday at termination might still be available, but it was not clear whether Ms Deksne was advancing such a claim.

The complaint about failure to provide itemised pay statements for employment up to 18 August 2021 was also struck out on the basis of cause of action estoppel. By contrast, the judge said there was no bar to a new unfair dismissal claim after Ms Deksne resigned, but the discrimination and whistleblowing allegations were not sufficiently particularised for the tribunal to decide estoppel or strike-out issues at this stage.

The judge said the discrimination particulars remained largely incomprehensible and listed the matter for a further public preliminary hearing on 16 October 2023, with a final hearing listed for 8 to 12 January 2024. He also directed that a Latvian interpreter be provided, but not Mrs Nalivaiko.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Holiday pay	Struck out on cause of action estoppel grounds to the extent it concerned holiday pay for employment up to 18 August 2021. The judge noted that a claim for accrued but untaken holiday at termination might still be possible, but it was not clear whether that was being advanced.	Struck out	—	—
Other	Struck out on cause of action estoppel grounds in relation to the complaint about failure to provide itemised pay statements for employment up to 18 August 2021.	Struck out	—	—

Legal tests applied

9 references

Official outcome judgment PDF

Gov.uk primary record

The 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

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