The employee first issued a claim in the employment tribunal, and then in the High Court. The defendant company argued that the tribunal proceedings were not concluded before the High Court proceedings were issued, but only later when they were struck out. The employee said she had withdrawn them.
Held: The withdrawal of tribunal proceedings must be unequivocal. It would be better normally for the tribunal to make an order dismissing the claim. In this case, as opposed to Sajid, the claimant’s withdrawal of her case was not made clear.
Judges:
Lord Justice Peter Gibson Lord Justice Buxton Lord Justice Wall
Citations:
[2005] EWCA Civ 10, Times 25-Jan-2005
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Sajid v Sussex Muslim Society 2002
It was not an abuse of process to seek to pursue an employment claim in the High Court where the claim begun in the tribunal was for breach of contract, unfair dismissal or redundancy, and the total amount of the claim might exceed the tribunal’s . .
See Also – Sivanandan v London Borough of Enfield EAT 1-May-1998
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See Also – Sivanandan v London Borough of Enfield and others EAT 1-Oct-1998
. .
See Also – Sivanandan v London Borough of Enfield and others EAT 1-Feb-1999
. .
See Also – Sivanandan v Enfield and others EAT 25-Apr-2001
. .
See Also – Sivanandan v Enfield and Another EAT 11-Jul-2001
. .
See Also – Sivanandan v Enfield and others EAT 26-Jul-2001
. .
See Also – Sivanandan v London Borough of Enfield and Another EAT 26-Jul-2001
. .
See Also – Sivanandan v London Borough of Enfield and others EAT 23-Jul-2002
EAT Procedural Issues – Employment Tribunal . .
See Also – Sivanandan v London Borough of Enfield and others CA 7-Oct-2002
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See Also – London Borough of Enfield v Sivanandan QBD 5-Apr-2004
. .
Cited by:
See Also – London Borough of Enfield v Sivanandan EAT 12-Sep-2005
EAT Practice and Procedure – Striking-out/dismissal.
EAT Practice and Procedure – Striking-out/dismissal. . .
See Also – London Borough of Enfield v Sivanandan CA 29-Jun-2006
Application for civil restraint order. . .
See Also – Sivanandan v London Borough of Enfield EAT 19-Oct-2006
EAT Practice and Procedure – Estoppel or Abuse of Process. . .
Lists of cited by and citing cases may be incomplete.
Employment, Civil Procedure Rules
Updated: 28 June 2022; Ref: scu.221541
