Cusworth v British Gas Ltd.

Cusworth v British Gas Ltd.

There was no error of law in the tribunals' decisions. The compromise agreement and issue estoppel barred the claims except the equal pay claim, which was out of time under the Equal Pay Act 1970. The time limits were not incompatible with European Community Law. The costs order was within the tribunal's discretion as the claims were misconceived.

Parties
Appellant: Cusworth; Respondent: British Gas Ltd
Jurisdiction
England and Wales
Judgment Date
07 June 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal and Stay of Execution
Outcome
application refused
Legal Topics
Equal Pay, Costs Order, Jurisdiction, Compromise Agreement, Limitation Period, Statutory Grievance Procedure, Issue Estoppel
Employment Law Civil Procedure Equal Pay Costs Order Jurisdiction Compromise Agreement Limitation Period Statutory Grievance Procedure +1 more

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Parties

Cusworth

Appellant

British Gas Ltd

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the Employment Tribunal and Employment Appeal Tribunal erred in law in dismissing the appellant's claims for want of jurisdiction
  2. 2 Whether the costs order against the appellant was wrong in law
  3. 3 Whether the time limits under the Equal Pay Act 1970 are incompatible with European Community Law

Ratio Decidendi

There was no error of law in the tribunals' decisions. The compromise agreement and issue estoppel barred the claims except the equal pay claim, which was out of time under the Equal Pay Act 1970. The time limits were not incompatible with European Community Law. The costs order was within the tribunal's discretion as the claims were misconceived.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • Stay of execution refused