Thomas v. Devon County Council [2007] UKEAT 0513_07_0712 (7 December 2007)

Thomas v. Devon County Council [2007] UKEAT 0513_07_0712 (7 December 2007)

The claimant was not estopped from pursuing her claim for constructive unfair dismissal because the first claim did not and could not include such a claim, and the withdrawal of the first claim in contemplation of the second did not amount to an abuse of process. The application of the rule in Henderson v Henderson must be based on a broad merits-based approach, and in this case, there was no injustice or prejudice to the respondent, nor any misuse of process by the claimant.

Citation
[2007] UKEAT 0513_07_0712
Parties
Appellant: A; Respondent: Devon County Council
Jurisdiction
United Kingdom
Judgment Date
07 December 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue (striking Out for Res Judicata/issue Estoppel)
Outcome
Appeal allowed; case remitted to Employment Tribunal for determination on the merits.
Legal Topics
Constructive Dismissal, Res Judicata, Issue Estoppel, Abuse of Process, Striking Out Applications
Employment Law Civil Procedure Constructive Dismissal Res Judicata Issue Estoppel Abuse of Process Striking Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

A

Appellant

Devon County Council

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Preliminary Issue (striking Out for Res Judicata/issue Estoppel)

Legal Issues

  1. 1 Whether the claimant is estopped from bringing a second claim for constructive unfair dismissal after withdrawing earlier proceedings
  2. 2 Whether the doctrine of res judicata or the rule in Henderson v Henderson applies to bar the second claim

Ratio Decidendi

The claimant was not estopped from pursuing her claim for constructive unfair dismissal because the first claim did not and could not include such a claim, and the withdrawal of the first claim in contemplation of the second did not amount to an abuse of process. The application of the rule in Henderson v Henderson must be based on a broad merits-based approach, and in this case, there was no injustice or prejudice to the respondent, nor any misuse of process by the claimant.

Court Disposition

Appeal allowed; case remitted to Employment Tribunal for determination on the merits.

Orders

  • The appeal is allowed.
  • The matter is remitted to the Employment Tribunal to be dealt with on its merits.