A former executive director brought a claim for unfair dismissal in the Employment Tribunal. Chorion brought proceedings in the Chancery Division alleging wrongful acts committed by him while he was a senior executive.
Held: There was an overlap in the issues to be tried in both sets of proceedings, and it was wrong to have two tribunals investigating what are essentially the same facts. In case of an overlap between issues before an Industrial Tribunal and the High Court, the Tribunal matter should be stayed pending the outcome of the other case. Laddie J reached his conclusion that such an Order should be granted because: ‘it would be wrong for essentially the same serious issues to be run in two separate tribunals . . I have come to the conclusion, notwithstanding the powerful arguments advanced by Mr Collins, it would be wrong for essentially the same issues to be run in two separate tribunals. It seems to me that in view of the allegations of dishonesty which are to be found permeating the whole of this dispute it is right and proper that the issues should be determined in one set of proceedings. I am of the view that the preferable forum is the High Court.’
Judges:
Laddie J
Citations:
Times 07-Apr-1999, Gazette 26-May-1999, CH-1999 00233
Cited by:
Cited – Clyde and Co Llp and Another v Winkelhof QBD 22-Mar-2011
The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory . .
Lists of cited by and citing cases may be incomplete.
Employment, Litigation Practice
Updated: 15 May 2022; Ref: scu.79110