Abuse of process in tribunal claim - Haringey LBC v O'Brien [EAT] 22.12.16 (Unreported)
Under the rule in Henderson v Henderson [1843-60] All E.R. Rep. 378 parties were required to bring their whole case in a single action. A second claim could be an abuse of process if it covered matters that should have been brought in earlier proceedings. However, it was wrong to assume that the Henderson rule only applied up to the date of lodgement of a claim, as a failure to amend a claim to include issues which post-dated lodgement could be a Henderson abuse.http://www.bailii.org/uk/cases/UKEAT/2016/0004_16_2212.html
Category: Employment » Disability discrimination; Tribunal procedure; England and Wales. Keyword(s): Abuse of process. Area(s) of law: Employment.