EAT Practice and Procedure – Postponement or stay – Application for stay of ET proceedings pending GMC professional misconduct hearing refused. No error of law; if so; stay appropriate.
Judges:
His Honour Judge Clark
Citations:
UKEAT/0288/04, [2004] UKEAT 0288 – 04 – 0906
Links:
Statutes:
Employment Tribunal Procedure Regulations 2001 10(2)(d), Employment Tribunals Act 1996 35
Citing:
Cited – Bastick v James Lane (Turf Accountants) Ltd 1979
The court considered an appeal against a refusal of an adjournment of proceedings before the industrial tribunal when criminal proceedings on the same issues were pending.
Held: The court refused to interfere with the exercise of his dicretion . .
Cited – Roberts v Skelmersdale College CA 20-Jun-2003
. .
Cited – Carter v Credit Change Ltd CA 2-Jan-1979
There are restricted circumstances in which the tribunal can interfere on appeal with the tribunal’s exercise of its discretion. Stephenson LJ said: ‘All the reasons which he gave seem to me to be good reasons for the decision to which he came; many . .
Cited – First Castle Electronics Ltd v West EAT 1989
EAT The court set out the factors to be taken into account when determining whether a stay of employment proceedings pending an action in the high court is appropriate, including a similarity of issues between . .
Cited – Warnock v Scarborough Football Club EAT 1989
EAT The employer, the club’s former manager, had started High Court proceedings for breach of contract. The employee raised the question that he had been constructively dismissed by the employer. The employee, in . .
Cited – Independent Research Services Ltd v Catterall EAT 26-Jun-1992
The claimant was a director of the employer’s company. He claimed that the relationship of trust and confidence with the company had been undermined so far as to be a repudiatory breach of the contract. Before his complaint of unfair dismissal, he . .
Cited – Polkey v A E Dayton Services Limited HL 19-Nov-1987
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 June 2022; Ref: scu.199285