Can a second claim for harassment be brought after a first one has been found to be out of time even where there are new incidents which are in time? In what might seem like a rather harsh recent decision, the answer was no.
In Agbenowossi-Koffi v Donvand Ltd t/a Gullivers Travel Associates UKEAT/0337/12/DM the claimant who was of black African origin complained in November 2009 that her supervisor had racially harassed her (the original complaint). In June 2011, she started proceedings in the Employment Tribunal. Continue reading
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  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  EWCA Civ 252, looking at the issues of res judicata and the rule in Henderson v Henderson. Continue reading