The Claimant brought a ‘like work’ claim in 2015. The 2015 claim was withdrawn without the Claimant, who was legally advised at the time, stating that she wished to reserve the right to bring a further claim that was the same, or substantially the same, in the future. In 2018 the Claimant brought a further like work claim in relation to the same work, naming different comparators, but not contending there was any change in the work being done by her, or her comparators, compared to the 2015 claim. The only proper conclusion was that the 2018 claim, as pleaded by the Claimant, should be struck out because it was precluded by cause of action estoppel and/or operation of Rule 52 of the ET Rules.
Citations:
[2020] UKEAT 0253 – 19 – 0311
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 04 December 2022; Ref: scu.661659