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Roderick Fraser v HLMAD Ltd

Once a cause of action for wrongful dismissal had been adjudicated upon by an employment tribunal, it was not possible to make a further claim on the same grounds either before the tribunal or the High Court. The cause of action for wrongful dismissal could not be split into two causes of action, one for damage up to the statutory limit of the tribunal's jurisdiction, and another for the balance.

23 June 2006

The appellant (F) appealed against an order striking out his claim form and dismissing his wrongful dismissal action against the respondent (H). F had been dismissed from his position by administrative receivers of H. F had commenced proceedings in the employment tribunal for unfair dismissal and wrongful dismissal. In his ET1, F had stated that he reserved the right to pursue an action in the High Court in order to recover damages for wrongful dismissal in excess of £25,000, the maximum amount recoverable in the tribunal under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. F had later started an action for wrongful dismissal in the High Court, but had not withdrawn his wrongful dismissal claim from the tribunal proceedings. The tribunal, which had adjudicated on issues of liability and remedy relating to both of F's claims, had found that F had been unfairly and wrongfully dismissed. The tribunal had limited its award for breach of contract to t...

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