||All England Reporter
|| All ER (D) 07 (Mar)
|| EWCA Civ 236
||Court of Appeal, Civil Division
Mummery, Jonathan Parker and Dyson LJJ
||Karon Monaghan (instructed by the Commission for Racial Equality) for the complainant.
||Deshpal Panesar (instructed by Eversheds) for the employer.
||1 March 2002
Estoppel - Res judicata - Cause of action estoppel - Employment tribunal - Complainant withdrawing complaint - Complaint being dismissed on withdrawl - Complainant wishing to make fresh complaint arising out of same circumstances - Whether claimant estopped from making fresh complaint - Employment Tribunals (Constitution etc) Regulations 1993, reg 13(2)(a).
There was no requirement that cause of action estoppel, as applied in the ordinary court, should apply to employment tribunal cases where it was clear, on an examination of the surrounding circumstances, that the withdrawal of the application was in substance a discontinuance of the proceedings.
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