EAT Estoppel or abuse of process
Contract of employment
Appeal allowed and claims remitted for re-hearing before a freshly constituted Employment Tribunal because (1) the Employment Tribunal made, on the first day of the hearing, a ruling on issue estoppel which was incorrect in law and which foreclosed part of the Claimant’s case; (2) the Employment Tribunal gave no adequate reasons for a finding that it was an abuse of the process for the Claimant to raise other aspects of his case; and (3) the Employment Tribunal, when denying the Claimant’s contract claim on the basis that it was extinguished by an overpayment to him, gave no adequate reasons for its finding that there was an overpayment.
David Richardson HHJ
[2014] UKEAT 0485 – 12 – 1906
Bailii
England and Wales
Employment
Updated: 22 December 2021; Ref: scu.537751
