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Employment tribunal – Procedure. The employee issued a claim in the employment tribunal that she had been subjected to race discrimination. Her claim was dismissed as being out of time. She issued a second claim which repeated the same allegations but also included a complaint of conduct that extended over a period. The claim was struck out as being an abuse of process as, the employment judge determined, those new complaints had occurred before she had issued her first claim and, had she considered that conduct to be race discrimination, she would have included the complaints in her first claim. That decision was affirmed by the Employment Appeal Tribunal. The Court of Appeal, Civil Division, upheld the decision to dismiss the claim for abuse of process for the reasons given by the employment judge.
Employment tribunal – Procedure. The employee issued a claim in the employment tribunal that she had been subjected to race discrimination. Her claim was dismissed as being out of time. She issued a second claim which repeated the same allegations but also included a complaint of conduct that extended over a period. The claim was struck out as being an abuse of process as, the employment judge determined, those new complaints had occurred before she had issued her first claim and, had she considered that conduct to be race discrimination, she would have included the complaints in her first claim. That decision was affirmed by the Employment Appeal Tribunal. The Court of Appeal, Civil Division, upheld the decision to dismiss the claim for abuse of process for the reasons given by the employment judge.
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