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25 April 2012
Court of Appeal
Pill, Sullivan LJJ and Sir Mark Waller
Generally, where two sets of proceedings in different courts cover the same issues, the higher court proceeds first. So if employment tribunal proceedings and High Court proceedings overlap, the High Court proceedings go first. But that does not apply if High Court proceedings have been threatened but not actually brought.
H signed an amendment to his contract of employment, later saying he had only done so under duress. Soon after that, he was dismissed. He submitted claims to the employment tribunal that he had been unfairly dismissed and for holiday pay. He also sent a ‘letter before claim' in connection with possible High Court proceedings for breach of contract in which he said he would assert that the amended contract he had signed should be rescinded.
The status of employment rights on the transfer of an undertaking is an extremely complex area of...