6009172/2025Struck out

Nationwide Building Society

20 March 2026·Employment Tribunal·England & Wales·Employment Judge Livesey

Respondent

Nationwide Building Society

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Decision date

20 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Livesey

Case Summary

The claimant brought two further claims (Claims 7 and 8) alleging public interest disclosure detriment following an earlier unfair dismissal case that had been upheld. The tribunal dismissed both claims as an abuse of process and for having no reasonable prospect of success, finding that the claimant was seeking to re-litigate matters already determined and was engaging in a pattern of vexatious repeated claims. The claimant was ordered to pay the respondent's costs of £6,694.80.

Why this outcome?

Vexatious conduct

The tribunal found the claims constituted an abuse of process under the Henderson v Henderson principle and rule 38 of the Employment Tribunal Procedure Rules because the claimant was seeking to re-litigate matters that had already been determined in previous proceedings, and was engaged in a pattern of repeatedly bringing substantially similar claims following earlier dismissals and costs orders.

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Key Issues

  • Whether the claims constitute an abuse of process
  • Whether the claims have reasonable prospects of success
  • Application of cause of action estoppel and issue estoppel
  • Application of Henderson v Henderson abuse of process doctrine
  • Pattern of repeated litigation on substantially similar issues

Original published judgment

The full source document is available from the official publication page.

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