- No jurisdiction for counterclaim unless employee unequivocally presents breach of contract claim (Read v Ryder)
- What are the practical implications of this judgment?
- What is the relevant background?
- Relevant law
- Background facts
- Decision of employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: An employer’s claim for breach of contract (often referred to as a counterclaim) can only be presented in the employment tribunal if the employee has brought proceedings in respect of a claim ‘by virtue of’ the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the Order). A claim is only brought ‘by virtue of’ the Order if it must necessarily have been brought under the Order (ie it can only be brought as a breach of contract claim and not alternatively as a statutory claim) or if it has unequivocally been brought under the Order, according to the EAT.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial