Tag Archives: Res judicata

A Second Bite of the Cherry?

Close up of Cherries

2 Cherries not 2 Bites

A knotty problem in cases involving bullying and harassment at work is the extent to which bringing a claim in the Employment Tribunal may impact on any claim which could be brought in the County Court.

It may prevent the claim being brought at all (see Sheriff v Klyne Tugs [1999] EWCA Civ 1663) but even if not, will the findings made by the Tribunal be binding on the County Court?

Albeit in a slightly different context, the Court of Appeal have given some helpful guidance on these issues in Bon Groundwork v Foster [2012] EWCA Civ 252, looking at the issues of res judicata and the rule in Henderson v Henderson. Continue reading

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