Estoppel Works Against Claimant
Fraser v HLMAD Ltd: [2006] EWCA Civ 738
CA
15 June 2006
Daily Law Notes Summary
The claimant brought complaints of unfair dismissal and wrongful
dismissal against the defendant in the employment tribunal,
stating in his originating application that he reserved the right
to bring High Court proceedings for damages for wrongful dismissal
in excess of £25,000, the maximum sum the tribunal was statutorily
entitled to award. He also began proceedings in the High Court for
damages for wrongful dismissal to recover the excess of any award
made by the tribunal. The employment tribunal subsequently found
that the claimant had been wrongfully dismissed, determining the
amount of damages at over £80,000, but limited its award to the
capped amount. The defendant's application to strike out the High
Court action, made on the grounds of res judicata and an abuse of
the court's process, was granted by the master. And the Court of
Appeal agreed!