Source: All England Reporter
Publisher Citation: [2002] All ER (D) 07 (Mar)
Neutral Citation: [2002] EWCA Civ 236
Court: Court of Appeal, Civil Division

Mummery, Jonathan Parker and Dyson LJJ

Representation Karon Monaghan (instructed by the Commission for Racial Equality) for the complainant.
  Deshpal Panesar (instructed by Eversheds) for the employer.
Judgment Dates: 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).

The Case

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.

Practice Areas

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