This is a preview. To continue reading please log in or Register to read this article

Sex discrimination: Part-timer could not resurrect withdrawn claim

This report relates to 1 case(s)

  • expand disabled

    Barber v Staffordshire County Council [1996] IRLR 209 CA (0 other reports)

In Barber v Staffordshire County Council [1996] IRLR 209, the Court of Appeal holds that a dismissed part-time employee could not pursue claims for redundancy pay or unfair dismissal compensation following the House of Lords' decision in R v Secretary of State for Employment ex parte Equal Opportunities Commission and another [1994] IRLR 176 because she had previously made an application for a redundancy payment which was dismissed by an industrial tribunal when she withdrew it. According to the Court of Appeal, the principles of "cause of action estoppel" and "issue estoppel" apply to an industrial tribunal application which is dismissed by the tribunal following its withdrawal by the applicant.