Foster v. Bon Groundwork Ltd [2011] UKEAT 0382_10_1703 (17 March 2011)

Foster v. Bon Groundwork Ltd [2011] UKEAT 0382_10_1703 (17 March 2011)

Issue estoppel did not apply because the relevant findings in the first tribunal were not necessary ingredients and the tribunal lacked jurisdiction; the claims were not an abuse of process as there was no unjust harassment or oppressive conduct; guarantee payment claim was properly allowed to proceed.

Citation
[2011] UKEAT 0382_10_1703
Parties
Appellant: Patrick Foster; Respondent: Groundwork Ltd
Jurisdiction
United Kingdom
Judgment Date
17 March 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Res Judicata, Issue Estoppel, Abuse of Process, Unfair Dismissal, Redundancy, Guarantee Payment
Employment Law Civil Procedure Res Judicata Issue Estoppel Abuse of Process Unfair Dismissal Redundancy Guarantee Payment

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Foster

Appellant

Groundwork Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether issue estoppel precluded the appellant's unfair dismissal claims
  2. 2 Whether the claims constituted an abuse of process under Henderson v Henderson
  3. 3 Whether the guarantee payment claim should be struck out as abuse

Ratio Decidendi

Issue estoppel did not apply because the relevant findings in the first tribunal were not necessary ingredients and the tribunal lacked jurisdiction; the claims were not an abuse of process as there was no unjust harassment or oppressive conduct; guarantee payment claim was properly allowed to proceed.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Appellant's unfair dismissal and age discrimination claims to proceed to substantive hearing
  • Guarantee payment claim to proceed