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Issue estoppel: No estoppel to prevent safety issue from being litigated

This report relates to 1 case(s)

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    Friend v Civil Aviation Authority [1998] IRLR 253 CA (0 other reports)

In Friend v Civil Aviation Authority 18.07.01 Court of Appeal, the Court of Appeal holds that issue estoppel did not arise to bar an employee's civil action for damages for the employer's breach of contract in requiring the employee to follow unsafe procedures at work in circumstances where previous employment tribunal proceedings had concentrated purely on procedural matters to do with the employee's unfair dismissal claim. The safety issue had not been already determined against the employee. Moreover, the fact that the tribunal fixed the employee with a 100% contribution to his dismissal by his conduct in refusing to obey instructions he considered to be unsafe related merely to the complaint of procedural unfairness. The employer could not argue therefore that the civil action should be struck out as an abuse of process on the ground that the employee would be unable to establish that his loss resulted from any action of the employer.