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Holmes v Greater Glasgow Health Board - Res judicata prevents second claim identical to previous claim other than for period of time covered [2012] EAT

A claim for unlawful deduction of wages, once settled and dismissed, cannot be re-commenced using the same basis of claim albeit for a different period of time.

Mr Holmes was a hospital porter but had been on sick leave since 2004. In 2008 he claimed in the employment tribunal for unlawful deduction of wages, arguing that his sickness was due to a workplace injury (namely stress caused by workplace bullying that management had failed to deal with) and so he should have received full pay as provided for by employer regulations, not sick pay as he had actually been paid. Initially the Health Board disputed the claim, but then the parties agreed terms and the case was settled. The claim was dismissed upon the Health Boards application. 

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