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Fox & Ors v Bassetlaw District Council [2013] EAT

EAT upholds ET decision to dismiss first equal pay claim under rule 25(4) following application for withdrawal and to bar fresh equal pay claim claim as an abuse of process.

Miss Fox and others were housing needs officers who complained that they were not receiving equal pay for equal work in respect of emergency call out rates. They were not successful in their equal pay grievance and they issued equal value proceedings. Before the Stage 1 equal value proceedings could be heard, Miss Fox notified the ET that her and her colleagues' claims were withdrawn and that they now wished to bring new equal pay claims in respect of higher on call duty payments. They stated that any application by Bassetlaw for an order dismissing the first proceedings under ET rule 25(4) would be opposed. ET Rule 25(4) provides; "Where a claim has been withdrawn, a respondent may make an application to have the proceedings against him dismissed… If the respondent's application is granted and the proceedings are dismissed the claimant may not commence a further claim against the respondent for the same, or substantially the same cause of action [subject to a successful review or appeal]"

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