Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

This is a case concerning the (in)ability of Claimants to run concurrent proceedings in the High Court and the Employment Tribunal. Such issues usually crop up when a contractual claim for a value above £25,000 (which should be issued in the High Court) runs alongside a complaint in the Employment Tribunal for redress of a violation of a worker or employees rights (such as discrimination or unfair dismissal).

The facts in Halstead v Paymentshield Group Holdings Ltd

Mr Halstead (“the Appellant”) issued proceedings in the Employment Tribunal  for the complaints of unfair dismissal, automatic unfair dismissal on the ground of making a protected disclosure, and for accrued but untaken holiday pay. The Claimant had outstanding contractual claims that would need to be issued in the High Court (for breach of contract and rescission) and sent a pre-action letter to the Respondent regarding this on 7 December 2010. The Respondent applied to have the Employment Tribunal claim stayed on 21 December 2010 on the basis that there were likely to be concurrent proceedings in the High Court and the Employment Tribunal (although this was not the case). The Employment Judge agreed to the stay. The Appellant in March 2011 applied for the stay to be lifted because of a change in his financial circumstances and was apparently ordered to undertake to not bring High Court proceedings along with the Employment Tribunal proceedings. This was appealed to the Employment Appeal Tribunal and the Employment Appeal Tribunal ordered a stay on proceedings due to the potential concurrent claims (stating that the pre-action letter could constitute proceedings). A further appeal was made to the Court of Appeal by the Appellant.

The law relating to concurrent proceedings and staying Employment Tribunal claims

If there is the possibility of concurrent Employment Tribunal and civil proceedings then whether the Employment Tribunal claim or the civil claim should be stayed depends upon the facts of the matter. In complex cases, civil proceedings are likely to take precedence and the Employment Tribunal proceedings will be stayed. Further, should there be a significant overlap between Tribunal and court proceedings it is appropriate to stay the Employment Tribunal claim (Mindimaxnox LLP v Gover).

The Court of Appeal’s judgment in Halstead v Paymentshield Group Holdings Ltd

The Court of Appeal allowed the appeal, overturning the Employment Appeal Tribunal’s judgment. The critical points in this decision were firstly, that the Appellant was not issuing concurrent claims as the claims were separate and, secondly, that a pre-action letter and a draft particulars of claim did not constitute proceedings. It was therefore not appropriate for the Appellant’s claim to be stayed in the Employment Tribunal.

Our specialist employment lawyers’ thoughts on Halstead v Paymentshield Group Holdings Ltd

This is an interesting case concerning employment law proceedings in the Employment Tribunal. Claimants with potentially high-value contractual disputes should be aware that there is a cap on contractual damages in the High Court and that problems may arise if they issue claims that overlap in the High Court and Employment Tribunal. However, a pre-action letter and particulars of claim sent to the (potential) Defendant does not constitute proceedings.

 

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.72 Average

89 Reviews

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 3 days ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 6 days ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 6 days ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 1 month ago

Anonymous

Very happy from service received. Highly recommend

Posted 1 month ago

Colin W

Very professional and thorough. Sachs who dealt with the bulk of my case was excellent Thank you. .

Posted 1 month ago

Anonymous

I was generally impressed with the fast turn around, efficiency, responsiveness, and consideration of circumstances. I needed a couple of areas of advice quickly and with Redmans help was able to get to a conclusion quickly and with minimum stress. They were friendly and professional throughout - I'd use them again.

Posted 1 month ago

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 2 months ago