Staying Employment Tribunal Proceedings

The recent EAT case of Paymentshield Group Holding Limited v Halstead has extended the principle that cases should not proceed concurrently in an employment tribunal and the High Court even where a claim has not been lodged in the High Court. This means that if, as well as a tribunal claim being submitted, a letter before action and draft particulars of a High Court claim have been issued, an employer can have the tribunal claim stayed pending completion of the High Court claim. This could also apply where employees reserve their right to bring a High Court claim within the tribunal claim.

This creates a potentially helpful tactic for employers to push more employment claims into the High Court, either to increase the pressure on the individual or to pass the claim onto their insurers.