EAT Procedural Issues – Employment Tribunal
The former employee sought to enforce in the Employment Tribunal an agreement with their former employers as to the terms on which their employment ended. The employer resisted the claim saying that the matter was not an employment matter over which the tribunal had jurisdiction.
Held: Since the agreement was concluded only after the employment had terminated, it was not an employment law matter. The article gave jurisdiction where the claim arises or is outstanding on the termination of the employee’s employment.’ This phrase was to be read in temporal rather than a causative sense. The Order was derived from the Act, which related to employment contracts, and defined when they terminated.
Mr Recorder Langstaff QC
Times 18-Apr-2002, EAT0407/01
Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (1994 No 1623) 3(c), Employment Tribunals Act 1996 3 97(1)
England and Wales
Cited – R A Capek v Lincolnshire County Council CA 26-May-2000
An employment tribunal had no jurisdiction to hear a claim for damages for breach of contract before the effective date of determination of the contract. The order had been intended to remedy a particular situation. The limit on the time within . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 September 2021; Ref: scu.168509