Practice and Procedure – Application/Claim
PRACTICE AND PROCEDURE – Estoppel or abuse of process
In 2008 the Claimants brought equal pay claims against the Respondent, who introduced a new pay structure with effect from 1 May 2011. In 2011 the Claimants each issued a second equal pay claim, which was primarily concerned with the position after 1 May 2011. The second claims were stayed while the Claimants and others pursued their original claims. In 2018 the Claimants acknowledged that their original claims had been issued a day too early and that the Employment Tribunal had no jurisdiction over them. The Employment Tribunal decided that the second claims did not include claims in respect of the period before 1 May 2011.
Held that:
(1) (allowing the Claimants’ appeal) the claim forms in the second claim did include a claim in respect of the period before 1 May 2011; and
(2) (dismissing the Respondent’s cross-appeal) it was not an abuse of process for the Claimants to pursue those claims.
Citations:
[2019] UKEAT 0040 – 19 – 0410
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 October 2022; Ref: scu.646851