EAT Practice and Procedure: Postponement or stay
Age Discrimination
Stay of proceedings where age discrimination is alleged. There is no basis for a valid claim in current UK law, but a case (Heyday) has been referred to the ECJ, which if successful would provide the Claimant with a valid claim. Should the claim be stayed pending the ECJ decision (the result of which should not be prejudged by the English Courts) or should the claim be struck out. Appeal allowed. Stay granted.
Citations:
[2007] UKEAT 0449 – 07 – 3010
Links:
Cited by:
Appeal From – Johns v Solent SD Ltd CA 12-Jun-2008
The court considered whether it was proper to issue a stay of proceedings to await a judgement in the EJ on a related issue. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 July 2022; Ref: scu.261964