Biktasheva v University of Liverpool UKEAT/0253/19/LA

Appeal and cross-appeal against the ET’s decision striking out the Claimant’s equal pay claim. Appeal dismissed and cross-appeal allowed.

The Claimant, who has been employed by the Respondent since 2002, had brought a claim in the ET in 2015 alleging a number of forms of discrimination, including an equal pay claim. In 2016, the Claimant withdrew "the entire claim in this matter", and the proceedings were dismissed. The Claimant brought a further equal pay claim in 2018, contending that she had been engaged in "like work" with four named comparators but receiving less pay; the ET struck out the claim in relation to three of the comparators, since there was considerable overlap with the 2015 claim, and ordered a deposit order in respect of the fourth comparator, on the basis that the claim had little reasonable prospect of success. The Claimant appealed against the ET's dismissal of the claim in relation to one of the three comparators; and the Respondent cross-appealed, contending that the claims relying on all of the comparators should have been struck out on the basis that they were precluded by cause of action estoppel.

The EAT held that the correct course of action was to strike out the 2018 claim because it was substantially the same complaint as the 2015 claim; accordingly, the appeal would be dismissed and an order made allowing the cross-appeal and substituting a decision that all claims were struck out in respect of all comparators by reason of cause of action estoppel.

Published: 07/01/2021 15:34

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