Barber v Staffordshire County Council: CA 29 Jan 1996

A dismissal of a claim without consideration by the tribunal created an issue estoppel. Issue estoppel rules apply equally to Industrial Tribunal decisions as elsewhere. Redundancy claim once withdrawn on one ground could not be revived on another. An order dismissing an Employment Tribunal claim on withdrawal by the Claimant is a judicial decision giving rise to cause of action estoppel.


Gazette 14-Feb-1996, Independent 02-Feb-1996, Times 29-Jan-1996, [1996] ICR 379, [1996] IRLR 229


England and Wales


Appeal fromStaffordshire County Council v Barber EAT 20-Oct-1995
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Cited by:

CitedRothschild Asset Management Limited v Ako CA 1-Mar-2002
The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised. She now sought to pursue them, and the respondent asserted that she was estopped from doing so, and that the matter was res judicata. The . .
CitedT-Mobile (Uk) Ltd. and Another v Office of Communications CA 12-Dec-2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way . .
CitedSodexho Ltd v Gibbons EAT 14-Jul-2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. . .
DistinguishedSajid v Sussex Muslim Society CA 2-Oct-2001
The defendant appealed against the strike out of parts of its defence. The claimant was employed as the mosque director and imam. He had brought an action in the Industrial Tribunal alleging wrongful dismissal, but notifying the defendants that any . .
Lists of cited by and citing cases may be incomplete.

Employment, Estoppel

Updated: 27 October 2022; Ref: scu.78186