Workplace Report April 2002

Features: Law at Work

Taking different claims

There is a general principle of law, known as estoppel, that if a claim is pursued in one court and a decision is reached it cannot be taken to another. This means that an individual who loses a tribunal claim cannot then take the same claim to the High Court. However, if it is made clear that the applicant is reserving the right to rely on the findings of a tribunal to pursue a claim in the civil courts then it is not barred.

* Sajid v Sussex Muslim Society [2002] IRLR 113