TRIBUNAL JURISDICTION: Employer’s claim under Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
An employer can bring proceedings in the Employment Tribunal (‘ET’) under the 1994 Order only if the employee has brought proceedings in respect of a claim ‘by virtue of’ the Order (Art 4(d)). The EAT held that a claim is brought ‘by virtue of’ the Order only if it must necessarily have been brought under the Order or if it has unequivocally been brought under the Order.
In this case the employee claimed arrears of pay due in his last pay cheque. Such a claim could have been brought under the Order or under Part II of ERA 1996 and there was no unequivocal indication that it was brought under the Order.
In those circumstances the ET had had no jurisdiction to deal with the employer’s counterclaim and the appeal was allowed and the judgment in the employer’s favour set aside.
Citations:
[2018] UKEAT 0144 – 18 – 1611
Links:
Statutes:
Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
Jurisdiction:
England and Wales
Employment
Updated: 10 July 2022; Ref: scu.635143