EAT Lis Pendens. Equal pay claims. Claimants presented claims which were met with a response that included the contention that they had not complied with the statutory grievance procedures. While determination of that issue pending, claimants presented further claims (after having issued fresh grievance letters) in which, essentially, the same equal pay claims were made. Respondents argued that the doctrine of lis pendens applied and the Tribunal was, accordingly, bound to dismiss the second set of claims, which it did. On appeal, Employment Appeal Tribunal held that whilst an Employment Tribunal could be expected to have regard to the principles underlying the doctrine of lis pendens when considering how to exercise its discretion in response to a strike out application in the context of its ‘abuse’ jurisdiction under paragraph 18(7)(b)-(f) of the 2004 Rules, the doctrine had no separate application in the Employment Tribunal. Tribunal’s judgment accordingly set aside.
Judges:
Smith Lady
Citations:
[2010] UKEAT 0039 – 09 – 0903
Links:
Statutes:
Employment Tribunal Rules 2004 18(7)
Jurisdiction:
Scotland
Employment, Discrimination
Updated: 12 November 2022; Ref: scu.466981