EAT Contract of Employment – Damages for breach of contract – The Tribunal Chairman erred in law in concluding that Mrs Verdin’s breach of contract claim should be dismissed.
Rule 25 of the Employment Tribunal Rules 2004 is to be construed in the light of Ako v Rothschild Asset Management [2002] IRLR 348.
A claim should be dismissed if (a) the Claimant is intending to abandon it or (b) if the Claimant is intending to resurrect it, it would be an abuse of the process to allow that to occur.
The Tribunal may dismiss part of a claim on withdrawal.
Judges:
His Honour Judge Richardson
Citations:
UKEAT/0538/05, [2005] UKEAT 0538 – 05 – 2112, [2006] ICR 396, [2006] IRLR 339
Links:
Statutes:
Employment Tribunal Rules 2004 25
Jurisdiction:
England and Wales
Citing:
Cited – 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The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised.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 by:
Cited – Fox and Others v Bassetlaw District Council EAT 16-Jan-2013
EAT Practice and Procedure : Striking-Out or Dismissal – Equal pay claim withdrawn, to be replaced by a fresh equal pay claim. Whether first claim ought to be dismissed under rule 25(4) and second claim an abuse . .
Cited – Thomas Cook Airline Services Ltd v Wolstenholme EAT 16-Jan-2013
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Employment Tribunal proceedings withdrawn; High Court proceedings intimated. Application to dismiss under ET R25(4) rejected by Employment Judge. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 July 2022; Ref: scu.238281
