Clyde & Co Llp & Anor v Winkelhof

Permission to appeal is granted because the enforceability of the first two stages of clause 41 raises questions of public importance and there are reasonable prospects of success on appeal.

Parties: Appellant: Clyde & Co LLP; Respondent: Winkelhof
Jurisdiction: England and Wales
Judgment Date: 05 July 2011
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: permission to appeal granted
Legal Topics: Arbitration Clauses, Discrimination, Protected Disclosures, Statutory Interpretation

Employment Law Contract Law Equality Law Arbitration Clauses Discrimination Protected Disclosures Statutory Interpretation

Case Brief

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Parties

Clyde & Co LLP

Appellant

Winkelhof

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether clause 41 of the agreement is void under section 144 of the Equality Act and section 203 of the Employment Rights Act 1996
2 Whether the procedure adopted by the claimants to seek an injunction was appropriate
3 Whether the first two stages of clause 41 are enforceable

Ratio Decidendi

Permission to appeal is granted because the enforceability of the first two stages of clause 41 raises questions of public importance and there are reasonable prospects of success on appeal.

Court Disposition

permission to appeal granted

Orders

Application for permission to appeal granted on all three grounds, subject to amendment of ground one as undertaken by counsel.