| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 21 (Dec) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Peter Clark, Mr P Dawson and Mr J Rivers |
| Judgment Dates: | 4 December 2001 |
Catchwords
Practice - Striking out - Abuse of process - Employment tribunal - Appellant presenting second complaint containing points raised in first complaint - Complaints struck out by tribunal - Whether tribunal erring in law.
The Case
The question of compatibility between the principle of a fair trial contained in the European Convention on Human Rights, and the employment tribunal's power to strike out under the procedural rules, did not arise in the instant case. Accordingly, the tribunal was entitled to strike out those parts of the second complaint which coincided with claims raised in the first complaint.
Practice Areas
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