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 financial limits for such awards. The claimant must make it clear that he would wish to rely upon the tribunal’s findings in the High Court. A formal court order was made to show withdrawal of the claim.
Citations:
[2002] IRLR 113
Jurisdiction:
England and Wales
Cited by:
Per incuriam – Rothschild Asset Management Limited v Ako CA 1-Mar-2002
The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised. She now sought to pursue them, and the respondent asserted that she was estopped from doing so, and that the matter was res judicata. The . .
Cited – London Borough of Enfield v Sivanandan CA 20-Jan-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 December 2022; Ref: scu.182856