Employment law

An employment tribunal has a broad discretion to stay proceedings before it under r 10(2)(h) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), particularly where there are parallel High Court proceedings arising out of similar facts. It is generally desirable to dispose of High Court actions first where there are issues in both sets of proceedings which are substantially the same.

The factors to be taken into account when determining whether or not a stay is appropriate include the degree of similarity of issues between the two sets of proceedings, the complexity of those issues, the technicality of the evidence, the amount of damages claimed, the need for an orderly disposal of proceedings, and the delay that would be occasioned by postponing the tribunal proceedings.