EAT (Practice and Procedure: Striking-Out/Dismissal) The Employment Tribunal had not erred by striking out the majority of the fourth claim on the grounds that it repeated factual narrative set out in the existing three claims, that cause of action estoppel applied and/or that it was an abuse of process to commence claims that could and should have been brought in the first three claims (‘Res judicata: general principles’ stated by Lord Sumption at paragraphs 17 to 26 of the Judgment of the Supreme Court in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2014] 1 AC 160 applied).
Consequently, the appeal was dismissed but it was emphasised that did not mean some of the factual material was irrelevant or inadmissible. In particular, some of it might be relevant to issues as to whether the allegations of disability discrimination which the Employment Judge had allowed to proceed to the Full Fearing amounted to ‘conduct extending over a period’.
Hand QC HHJ
[2016] UKEAT 0304 – 15 – 0902
Bailii
England and Wales
Employment
Updated: 12 January 2022; Ref: scu.560984