Arbitration In Sex Discrimination Cases

What impact does an arbitration clause have on a Claimant's ability to pursue a Sex Discrimination claim? Russell Bailey examines the High Court's judgment in Clyde & Co LLP v Krista Bates van Winkelhof.

Arbitration and contracting-out provisions

In Clyde & Co LLP and another v Krista Bates van Winkelhof [2011] EWHC 668 (QB) the Claimant city solicitors' firm made an unusual and ambitious application for mandatory injunctive relief. The Defendant had been a partner in the Claimant and had signed a deed of adherence providing for conflicts to be resolved (a) internally (b) by mediation and, ultimately, (c) by arbitration. Following her expulsion from the partnership, the Defendant presented complaints to the employment tribunal including allegations of sex discrimination and unlawful detriment.

The Claimant sought to enforce compliance with the deed of adherence by an order requiring the Defendant to apply to the tribunal for a stay of proceedings; it being accepted that the High Court lacked jurisdiction to order a stay in a different forum.

Rejecting the application Slade J held that the arbitration...