Thomas v Devon County Council: EAT 7 Dec 2007

Practice and Procedure – Striking-out/dismissal
A issued proceedings in the ET before she resigned or (as the case may be) was constructively dismissed. She withdrew those proceedings which were then dismissed under rule 25(4). She issued fresh proceedings alleging constructive unfair dismissal relying largely – but not entirely – on matters raised in her first proceedings. The ET held the second proceedings should be dismissed on the basis of issue estoppel. The basis of her first claim was never made clear but it certainly was no unfairly dismissed.
Held: the rule in Henderson v Henderson was a broad equitable rule to be applied with a view to fairness and A was not estopped from pursuing her claim for unfair dismissal.

Judges:

Reid QC HHJ

Citations:

[2007] UKEAT 0513 – 07 – 0712

Links:

Bailii

Employment

Updated: 13 July 2022; Ref: scu.263995