Rt Hon Lord Carloway and Rt Hon Lord Pentland, the Lord President

Case Summary

The claimant, a part-time Sheriff and Advocate, brought claims of disability discrimination and detriment arising from a protected disclosure made in relation to his treatment during cancer diagnosis. The tribunal determined that the claim is barred by res judicata, finding that the same issues had been previously litigated, and therefore declined jurisdiction to hear the case.

The tribunal found that the claimant's claims were barred by the doctrine of res judicata because the same subject matter and causes of action had been previously determined in other proceedings, preventing the claimant from pursuing a second action for damages arising from the same wrong.

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• •Whether the claim is barred by the doctrine of res judicata
• •Jurisdiction of the employment tribunal

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