Christou and another v Haringey London Borough [2013] EWCA Civ 178, [2013] All ER (D) 104 (Mar)
Court of Appeal, Civil Division, Laws, Elias & McCombe LJJ, 12 Mar 2013
The exercise of disciplinary power by an employer is not a form of adjudication and does not determine legal rights; therefore, a second disciplinary proceeding could not be met with a defence of estoppel based on res judicata.
Karon Monaghan QC and Richard O’Dair (instructed by Neumans LLP) for the employees. Bruce Carr QC (instructed by London Borough of Haringey Corporate Legal Services) for the employer.
The employees had all been social workers employed by the local authority. They were found to be at fault in the way in which they had dealt with the case of Baby P, a baby who tragically died because of abuse and chronic lack of care from his mother and two men. The mother pleaded guilty to causing or allowing Baby P’s death and the men were
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