Clyde & Co LLP & Anor v Winkelhof

Clyde & Co LLP & Anor v Winkelhof

Clause 41 of the Members Agreement, which provides for ADR and final resolution by arbitration, is void and unenforceable insofar as it purports to preclude or limit the continuation of statutory claims before the Employment Tribunal, by operation of Section 203 of the Employment Rights Act 1996 and Section 144 of the Equality Act 2010. The High Court has no jurisdiction to order a stay of Employment Tribunal proceedings or to compel the Defendant to apply for or consent to such a stay. The claim and application for a mandatory injunction are dismissed.

Parties
Claimant: Clyde & Co LLP; Claimant: John Morris; Defendant: Krista Bates van Winkelhof
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Part 8 Claim and Application for Mandatory Injunction / Judgment on Application for Mandatory Injunction and Claim
Outcome
Claim and application dismissed
Legal Topics
Arbitration Clauses, Stay of Proceedings, Employment Tribunal Jurisdiction, Contracting Out of Statutory Rights, Sex Discrimination, Whistleblowing, Alternative Dispute Resolution (adr)
Employment Law Contract Law Dispute Resolution Arbitration Clauses Stay of Proceedings Employment Tribunal Jurisdiction Contracting Out of Statutory Rights Sex Discrimination +2 more

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Parties

Clyde & Co LLP

Claimant

John Morris

Claimant

Krista Bates van Winkelhof

Defendant

Procedural Posture

Part 8 Claim and Application for Mandatory Injunction / Judgment on Application for Mandatory Injunction and Claim

Legal Issues

  1. 1 Whether Clause 41 of the Members Agreement requiring ADR and arbitration is enforceable to stay Employment Tribunal proceedings for sex discrimination and whistleblowing
  2. 2 Whether the High Court can grant a mandatory injunction requiring the Defendant to apply for or consent to a stay of Employment Tribunal proceedings
  3. 3 Whether Clause 41 contravenes statutory prohibitions on contracting out of Employment Rights Act 1996 and Equality Act 2010

Ratio Decidendi

Clause 41 of the Members Agreement, which provides for ADR and final resolution by arbitration, is void and unenforceable insofar as it purports to preclude or limit the continuation of statutory claims before the Employment Tribunal, by operation of Section 203 of the Employment Rights Act 1996 and Section 144 of the Equality Act 2010. The High Court has no jurisdiction to order a stay of Employment Tribunal proceedings or to compel the Defendant to apply for or consent to such a stay. The claim and application for a mandatory injunction are dismissed.

Court Disposition

Claim and application dismissed