EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Working outside the jurisdiction – A claim for breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 is within the scope of Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 as the Order is listed in Schedule 3 to the Employment Act 2002. The Employment Tribunal (‘ET’) erred in holding that a breach of contract claim did not fall within Regulation 15. The Claimant had set out a written grievance complaining of breach of contract within three months of the effective date of termination of his employment. Time for presentation of the breach of contract complaint is to be extended for a further three months by application of Regulation 15. Claim remitted for hearing.
The ET did not err in holding that on the facts a written grievance about conduct said to constitute constructive dismissal was a grievance that the employer was contemplating dismissing the Claimant. The ET did not err in holding that the time for presentation of the Claimant’s claim for unfair dismissal was not extended by Regulation 15 since Regulation 6(5) applied. South Kent College v Hall UKEAT/0087/07 considered.
Observations on the obiter finding that the ET would have had territorial jurisdiction to hear the unfair dismissal claim had it not been held to have been presented out of time. Lawson v Serco [2006] IRLR 289 and Ministry of Defence v Wallis and another [2010] UKEAT 0546/08/3007 considered.
Judges:
Slade J
Citations:
[2011] UKEAT 0110 – 10 – 2511
Links:
Statutes:
Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Act 2002 (Dispute Resolution) Regulations 2004 15, Employment Act 2002
Jurisdiction:
England and Wales
Employment
Updated: 20 September 2022; Ref: scu.444948
