This is a preview. To continue reading, register for free access now. Register now or Log in

Tribunal procedure: Wider form of issue estoppel held applicable in tribunal case

This report relates to 1 case(s)

  • expand disabled

    Divine-Bortey v London Borough of Brent [1998] IRLR 525 CA (0 other reports)

No special circumstances existed in an employment tribunal case for not applying the rule in Henderson v Henderson, the wider form of issue estoppel that ordinarily precludes a person from bringing fresh proceedings in respect of a matter which could and should have been litigated in earlier proceedings, holds the Court of Appeal in Divine-Bortey v London Borough of Brent [1998] IRLR 525. When, during the hearing of an unfair dismissal complaint by an employment tribunal, it emerged that the reason for the complainant's dismissal was his "African accent", he should have applied to the tribunal to amend his originating application by adding a separate complaint of unlawful race discrimination.