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Employment Law

Legal guidance - compliance - software

02 MAY 2012

Foster v Bon Groundwork Limited [2011] IRLR 645

Issue estoppel and abuse of process

31 January 2012

Court of Appeal

Pill LJ, Elias LJ

F was aged 78. He was laid off without pay. He objected. He was then dismissed by reason of retirement. He brought a tribunal claim while still employed for a redundancy payment by reason of lay off under s135(1) ERA 1996.  He later brought an unfair dismissal claim both under s98 (the normal requirement of reasonableness) and for asserting statutory right to a redundancy payment, non-payment of wages and failure to provide statement of terms of employment. The employer applied to have the second proceedings struck out because of ‘res judicata' or ‘issue estoppel'(ie that the issue had already been determined in the earlier proceedings) or as abuse of process under Henderson rule (ie that it is an abuse of process to bring a claim which could have been brought in earlier proceedings).

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