Edey v London Borough of Lambeth & Anor (PRACTICE AND PROCEDURE: Estoppel, Abuse of Process, Strike Out) [2022] EAT 94 (06 July 2022)

Edey v London Borough of Lambeth & Anor (PRACTICE AND PROCEDURE: Estoppel, Abuse of Process, Strike Out) [2022] EAT 94 (06 July 2022)

The Employment Tribunal erred in applying issue estoppel to the laptop retention issue as the finding was not necessary to the previous decision. However, the strike out was justified on the basis of abuse of process due to the appellant's conduct, which impacted tribunal resources and the prospects of success. The strike out of the claim regarding the 2018 police report was not justified as it was not addressed in the earlier judgment. The further particulars were properly excluded as new claims requiring amendment.

Citation
[2022] EAT 94
Parties
Appellant: Ms S Edey; First Respondent: London Borough of Lambeth; Second Respondent: Mr K McMahon
Jurisdiction
United Kingdom
Judgment Date
06 July 2022
Procedural Posture
Employment Appeal Tribunal / Appeal Against Strike Out Decision
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Estoppel, Abuse of Process, Strike Out, Disability Discrimination, Victimisation, Direct Discrimination
Employment Law Estoppel Abuse of Process Strike Out Disability Discrimination Victimisation Direct Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Ms S Edey

Appellant

London Borough of Lambeth

First Respondent

Mr K McMahon

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Strike Out Decision

Legal Issues

  1. 1 Whether issue estoppel applied to findings about laptop retention in previous proceedings
  2. 2 Whether strike out for abuse of process was justified
  3. 3 Whether further particulars constituted new claims requiring amendment

Ratio Decidendi

The Employment Tribunal erred in applying issue estoppel to the laptop retention issue as the finding was not necessary to the previous decision. However, the strike out was justified on the basis of abuse of process due to the appellant's conduct, which impacted tribunal resources and the prospects of success. The strike out of the claim regarding the 2018 police report was not justified as it was not addressed in the earlier judgment. The further particulars were properly excluded as new claims requiring amendment.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Strike out of claims relating to laptop retention and further particulars upheld
  • Strike out of D12 victimisation complaint (2018 police report) revoked