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Employment Law

Legal guidance - compliance - software

02 NOV 2012

Halstead v Paymentshield Group Holdings Limited [2012] EWCA Civ 524; (2012) EMPLR 152

Employment tribunals - overlap of proceedings - court priority

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proceedings for breach of contract in which he said he would assert that the amended contract he had signed should be rescinded.

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