Q&As

What jurisdiction does an employment tribunal have to hear an employer's counterclaim? For example, can an employer bring a claim for breach of a restrictive covenant in response to a wrongful dismissal claim?

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Published on LexisPSL on 02/03/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • What jurisdiction does an employment tribunal have to hear an employer's counterclaim? For example, can an employer bring a claim for breach of a restrictive covenant in response to a wrongful dismissal claim?

What jurisdiction does an employment tribunal have to hear an employer's counterclaim? For example, can an employer bring a claim for breach of a restrictive covenant in response to a wrongful dismissal claim?

Under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the Order), SI 1994/1623, a respondent employer is entitled to make a contract claim (ie a contractual counterclaim) against a claimant if, and only if, that claimant has included a contract claim in their ET1 claim form which has been served on that respondent. Where a respondent wishes to make such a contractual counterclaim, it must be included as part of the ET3 response. See

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