| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 107 (Mar) |
| Neutral Citation: | [2012] EWCA Civ 252 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Pill, Arden and Elias LJJ |
| Representation | Chris Bryden (instructed by Lefevre LLP) for the employer. |
| Simon Forshaw (instructed by Mary Ward Legal Centre) for the employee. | |
| Judgment Dates: | 13 March 2012 |
Catchwords
Practice - Res judicata - Estoppel - Employee bringing claim for redundancy payment following lay-off - Employee then being dismissed - Employment tribunal rejecting claim for redundancy payment and finding employee dismissed by reason of retirement - Employee bringing new claim for, inter alia, unfair dismissal - Tribunal finding some claims barred by principle of res judicata and some claims abuse of process - Employee appealing - Employment Appeal Tribunal finding tribunal erring - Employer appealing - Whether principle of res judicata applicable - Whether claims an abuse of process - Employment Rights Act 1995, s 135.
The Case
Practice Res judicata. The Court of Appeal, in dismissing the employer's appeal against the decision of the Employment Appeal Tribunal, held that in the instant case, the principle of res judicata was not engaged and that the employee's claims were not an abuse of process in the Henderson v Henderson sense.
Practice Areas
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