Estoppel In Personal Injury Practice

Lawler v Co-Operative Group Limited [2022] Liverpool County Court

In a recent appeal it was confirmed that where the Defendant has, in Employment Tribunal proceedings, made written and oral submissions that the Claimant was free to pursue her claim for personal injury in the County Court, an estoppel arises to prevent the Defendant relying on the rule in Henderson v Henderson and striking out the subsequent County Court proceedings.

The Claimant was a regional manager in the Defendant's employment. She brought a claim against the Defendant in the Employment Tribunal for bullying and harassment, which was heard in July and August 2018. Although some aspects of her claim were dismissed, the ET upheld six findings of harassment.