High Court and County Court employment claims
High Court and County Court employment claims

The following Employment practice note provides comprehensive and up to date legal information covering:

  • High Court and County Court employment claims
  • Contract claims in the employment tribunal
  • Tortious claims
  • Overlapping employment tribunal and civil court proceedings
  • Post-termination restriction (restrictive covenant) claims
  • Civil courts: jurisdiction and choice of court
  • High Court or County Court
  • Which County Court?
  • Judicial review
  • Time limits for civil court proceedings
  • More...

High Court and County Court employment claims

UPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing Structures seeking views on how the shared jurisdictions of the employment tribunal, Employment Appeal Tribunal and the civil courts could be improved upon, including the jurisdictional boundaries between them, areas of shared and exclusive jurisdiction, restrictions on employment tribunal jurisdiction and the handling of employment cases in civil courts involving employment and discrimination matters. The consultation questions include whether employment tribunals should have jurisdiction to cover common law claims regarding references [Q33] and whether there should be a specialist employment list in the Queen’s Bench Division of the High Court [Q53]. For further information, see LNB News 27/09/2018 41.

Most employment rights arise from statute and disputes relating to them are generally within the exclusive jurisdiction of the employment tribunal. This includes:

  1. claims for unfair dismissal (see Unfair dismissal—overview), and

  2. prohibited conduct claims (discrimination, harassment etc) under the Equality Act 2010 (see Practice Note: Employment events which give rise to prohibited conduct claims)

Other types of employment or employment-related dispute:

  1. may be brought in the High Court or County Court, or may alternatively be brought instead in the employment tribunal

  2. must only be brought before the High Court or County Court

Whereas employment tribunals derive their jurisdiction exclusively

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