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TRIBUNAL PROCEDURE: Staying power

10 February 2012  

Should employment tribunal proceedings be postponed when High Court proceedings, arising from the same facts, have been threatened but not issued, ask Julian Yew and Lauren McLardie

Breach-of-contract claims can be brought in either the employment tribunal or civil courts depending on the value of the claim and whether the employment contract has terminated. In some cases, claims may be issued simultaneously in the employment tribunal (for example for unfair dismissal) and High Court (for wrongful dismissal, for example, or a bonus dispute in excess of £25,000). One set of proceedings will often need to be stayed where there are common facts to be determined. In practice, the employment tribunal proceedings are usually stayed so that a superior court can make appropriate findings of fact first.

 

 

 

Additional Info

  • Case(s) Referenced:

    Automatic Switching Ltd v Brunet [1986] ICR 542

    Durant v Financial Services Authority [2003] EWCA Civ 1746

    First Castle Electronics Ltd v West [1989] ICR 72

    Mindimaxnox LLP v Gover [2010] UKEAT/0225/10/0712

    Noorani v Merseyside TEC [1998] EWCA Civ 1567

    Paymentshield Group Holdings Ltd v Halstead [2011] UKEAT/0470/11/0909

Last modified on 08 July 2015