Procedure: Stay of Claims

In Gloucestershire Constabulary v Peters, the EAT overturned the Tribunal’s decision to refuse a stay of a claim, pending the outcome of a criminal investigation.  Ms Peters was accused of fraudulently claiming sick pay, which was the subject of a police investigation.  Whilst an indefinite stay of the claims would not have been appropriate in the circumstances, the EAT concluded that it was reasonable to stay the case pending the outcome of the police’s investigation and the CPS’s decision as to whether Ms Peters would be prosecuted.   The EAT commented that the stay should not be granted for an indefinite period of time and there is, generally, no need to continue with the stay once the CPS has made its determination in respect of criminal proceedings. 

Where there are criminal investigations/proceedings (or indeed if the internal disciplinary or grievance procedure is not complete), it is often prudent to request a stay any Tribunal claim, so not as to jeopardise the outcome of those proceedings.