Case 4105370/2022 · Employment Tribunal
Mr G McKinlay v Royal Mail Group Limited — 2022
- Case reference
- 4105370/2022
- Decision date
- 23 December 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones
Parties
2 namedClaimant
Mr G McKinlay
Respondent
Key findings
Tribunal's reasoningThe claimant brought an unfair dismissal claim on 2 October 2022, stating that his employment had ended on 10 September 2018. The respondent said this was the seventh claim brought by the claimant against it or its employees after a COT3 agreement in August 2019 concerning the termination of his employment.
The Tribunal struck out the claim under Rule 37 on the basis that it had no reasonable prospects of success. It found that the claimant was attempting to relitigate matters already judicially determined and that his employment had ended some years before the claim was lodged. The Tribunal also noted that earlier judgments had made clear that it had no jurisdiction to consider the dismissal because of the valid COT3 agreement.
The respondent sought £2,010 in expenses. The Tribunal found the claimant's conduct in pursuing the present claim vexatious and/or unreasonable for the purposes of Rule 76, but took account of his likely ability to pay. It ordered the claimant to pay £500 to the respondent as expenses in relation to the costs of defending this claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was struck out under Rule 37 because it had no reasonable prospects of success; the Tribunal found the claimant was seeking to relitigate matters already judicially determined and the claim was out of time. | Struck out | — | — |
Remedy
Monetary award- Total award
- £500
- across all upheld claims
Legal tests applied
7 references- Rule 37 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 Schedule 1
- Rule 76 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 Schedule 1
- Rule 78 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 Schedule 1
- Marlow Ltd v Robertson 1974 ICR 72
- Scott v Russell 2013 EWCA Civ 1432
- Yerrakalva v Barnsley MBC 2012 ICR 420
- Howman v Queen Elizabeth Hospital Kings Lynn EAT 0509/12
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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