Burns v Consignia Plc & Anor [2003] UKEAT 0873_02_0204 (2 April 2003)

Burns v Consignia Plc & Anor [2003] UKEAT 0873_02_0204 (2 April 2003)

Sex discrimination and victimisation claims were barred by cause of action estoppel and abuse of process; constructive dismissal claim was not barred as it arose from a new fact (resignation) after the first application, but strike-out for scandalous conduct required explicit consideration of whether a fair trial was possible, which the Tribunal failed to do.

Citation
[2003] UKEAT 0873_02_0204
Parties
Appellant: Mrs Maureen Burns; First Respondent: Royal Mail Group PLC (formerly Consignia PLC); Second Respondent: Second Respondent (individual alleged harasser)
Jurisdiction
United Kingdom
Judgment Date
02 April 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; constructive dismissal claim remitted to Employment Tribunal for reconsideration; appeal otherwise dismissed.
Legal Topics
Constructive Dismissal, Sex Discrimination, Victimisation, Abuse of Process, Issue Estoppel, Strike Out, Costs
Employment Law Constructive Dismissal Sex Discrimination Victimisation Abuse of Process Issue Estoppel Strike Out Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Maureen Burns

Appellant

Royal Mail Group PLC (formerly Consignia PLC)

First Respondent

Second Respondent (individual alleged harasser)

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether cause of action estoppel and/or issue estoppel barred the second Originating Application for sex discrimination and victimisation
  2. 2 Whether constructive dismissal claim could proceed despite prior withdrawal of discrimination claims
  3. 3 Whether Tribunal's strike-out for scandalous conduct was legally justified

Ratio Decidendi

Sex discrimination and victimisation claims were barred by cause of action estoppel and abuse of process; constructive dismissal claim was not barred as it arose from a new fact (resignation) after the first application, but strike-out for scandalous conduct required explicit consideration of whether a fair trial was possible, which the Tribunal failed to do.

Court Disposition

Appeal allowed in part; constructive dismissal claim remitted to Employment Tribunal for reconsideration; appeal otherwise dismissed.

Orders

  • Sex discrimination and victimisation claims dismissed
  • Second Respondent removed from proceedings