Jurisdiction

New and updated

  • Equal pay: A minimum statement of grievance satisfies the statutory requirements

    Date:
    23 February 2009
    Type:
    Law reports

    In Arnold & others v Sandwell Metropolitan Borough Council and other joined appeals EAT/0332/08, EAT/0365/08 and EAT/0366/08, in a departure from the Highland Council decision, the EAT held that, to confer jurisdiction on the employment tribunal in an equal pay case, it is sufficient for a grievance to state that an equal pay claim is being raised and for any subsequent tribunal claim to relate to equal pay.

  • Case of the week: Employment tribunal jurisdiction

    Date:
    23 September 2008
    Type:
    Law reports

    This week's case of the week, provided by DLA Piper, covers employment tribunal jurisdiction.

  • Tradition Securities and Futures SA v X and another EAT/0202/08

    Date:
    26 August 2008
    Type:
    Law reports

    The Employment Appeal Tribunal has held that, where discrimination is alleged to have occurred in Paris and later London, the employment tribunal's jurisdiction is limited to the discriminatory acts that took place in London.

  • TUPE: TUPE may apply to transfer of business to Israel

    Date:
    14 April 2008
    Type:
    Law reports

    In Holis Metal Industries Ltd v GMB and another [2008] IRLR 187, the EAT refused to strike out a claim alleging breach of consultation duties arising pursuant to the TUPE Regulations 2006.

  • Statutory rights: Territorial jurisdiction

    Date:
    11 February 2008
    Type:
    Law reports

    In Bleuse v MBT Transport Ltd EAT/0339/07 & EAT/0632/07, the EAT held that a German employee not based in Britain could not pursue claims for unfair dismissal and unlawful deductions from wages before the employment tribunal, notwithstanding that his contract of employment was governed by English law. However, he could pursue a claim for unpaid holiday pay because the right to paid annual leave under the Working Time Regulations 1998 implements a directly effective European right that domestic courts must seek to enforce.

  • Statutory dispute resolution procedures: No jurisdiction to hear free-standing complaints about failure to follow statutory procedures

    Date:
    15 January 2007
    Type:
    Law reports

    In Scott-Davies v Redgate Medical Services EAT/0273/06 the Employment Appeal Tribunal holds that an employment tribunal has no jurisdiction to hear a free-standing complaint about failure to follow the statutory dispute resolution procedures by an employee who does not have the right to claim unfair dismissal.

  • Wrongful dismissal: Attempt to recover remainder of wrongful dismissal losses in High Court fails

    Date:
    1 December 2006
    Type:
    Law reports

    In Fraser v HLMAD Ltd [2006] IRLR 687 CA, the Court of Appeal holds that claimants who bring claims for wrongful dismissal in the employment tribunal, where a statutory limit on damages of £25,000 applies, cannot recover losses in excess of this limit in the High Court.

  • Case round-up: Statutory dismissal and disciplinary procedures

    Date:
    28 November 2006
    Type:
    Law reports

    This week's case round-up from Eversheds, covering the statutory dismissal and disciplinary procedures.

  • Tribunal jurisdiction/statutory grievance procedure: Effect of tribunal's 'informal' determination of claims

    Date:
    3 November 2006
    Type:
    Law reports

    In Excel Management Ltd v Lumb EAT/0121/06, the Employment Appeal Tribunal holds that where, because of the operation of s.32(3) of the Employment Act 2002, a tribunal lacked jurisdiction to hear prematurely filed claims, the fact that it went on to hear and "informally" determine the claims could not prevent the employer from later exercising its right to put its case before the same tribunal, once it had jurisdiction to hear the claims.

  • Case round-up

    Date:
    1 September 2006
    Type:
    Law reports

    Joe Glavina and Phil Williams of Addleshaw Goddard outline the latest legal rulings and explain what you need to do to avoid tribunals.

About this topic

HR and legal information and guidance relating to the jurisidiction of the employment tribunals and courts.