Christou (1) Ward (2) v London Borough of Haringey - There is no estoppel against an employer instituting a second set of disciplinary proceedings

Abuse of process, issue estoppel or "res judicata" does not prevent an employer from instigating a second set of disciplinary proceedings - the first set is not an adjudication of a dispute between parties so as to be "judicial" in the relevant sense. However, the decision to do so must always be have to be judged for fairness where the second proceedings result in dismissal.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.