Commentary

(f) Is there any scope for set off or a counterclaim?

Division BI Pay
| Commentary

(f) Is there any scope for set off or a counterclaim?

| Commentary

(f)     Is there any scope for set off or a counterclaim?

Where an employee brings a contractual claim, be it in the civil courts or in the employment tribunal by virtue of the Employment Tribunals Extension of Jurisdiction Order 1994 SI 1994/1623 (see PI [354] ff), then the employer can bring a counterclaim and will often do so, sometimes for purely tactical reasons. However, where the employee brings an unauthorised deductions claim in the employment tribunal, no such counterclaim is possible. There is simply no statutory provision, either in the Extension of Jurisdiction Order or elsewhere, giving the tribunal jurisdiction to hear a counterclaim in these circumstances. As a

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