Legal News

No jurisdiction for counterclaim unless employee unequivocally presents breach of contract claim (Read v Ryder)

Published on: 25 March 2019
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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