Thomas Cook Airline Services Ltd v Wolstenholme (Practice and Procedure : Striking-out or dismissal) [2013] UKEAT 0353_12_1601 (16 January 2013)

Thomas Cook Airline Services Ltd v Wolstenholme (Practice and Procedure : Striking-out or dismissal) [2013] UKEAT 0353_12_1601 (16 January 2013)

The appeal was dismissed because the High Court proceedings did not amount to an abuse of process; the claimant was entitled to withdraw the Employment Tribunal claim and pursue a civil claim for amounts beyond the Tribunal's jurisdiction, and the factual and legal bases of the two claims were materially different.

Source-derived case information.

Citation
[2013] UKEAT 0353_12_1601
Parties
Appellant/respondent: Thomas Cook Airline Services Limited; Respondent/claimant: Mrs Clare Wolstenholme (as personal representative of David Wolstenholme, deceased)
Jurisdiction
United Kingdom
Judgment Date
16 January 2013
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal to Dismiss Withdrawn Employment Tribunal Claim Under ET Rule 25(4)
Outcome
Appeal dismissed
Legal Topics
Striking Out/dismissal of Proceedings, Withdrawal of Claims, Abuse of Process, Jurisdictional Limits of Employment Tribunal, Issue Estoppel
Employment Law Civil Procedure Striking Out/dismissal of Proceedings Withdrawal of Claims Abuse of Process Jurisdictional Limits of Employment Tribunal Issue Estoppel

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Parties

Thomas Cook Airline Services Limited

Appellant/respondent

Mrs Clare Wolstenholme (as personal representative of David Wolstenholme, deceased)

Respondent/claimant

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal to Dismiss Withdrawn Employment Tribunal Claim Under ET Rule 25(4)

Legal Issues

  1. 1 Whether withdrawal of Employment Tribunal proceedings and subsequent High Court claim constitutes an abuse of process
  2. 2 Whether the Tribunal should have dismissed the withdrawn proceedings under ET rule 25(4)

Ratio Decidendi

The appeal was dismissed because the High Court proceedings did not amount to an abuse of process; the claimant was entitled to withdraw the Employment Tribunal claim and pursue a civil claim for amounts beyond the Tribunal's jurisdiction, and the factual and legal bases of the two claims were materially different.

Court Disposition

Appeal dismissed

Orders

  • Respondent's application to dismiss withdrawn Employment Tribunal proceedings under ET rule 25(4) is refused
  • Employment Judge Wardle's decision is upheld