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Contracts of employment: No tribunal jurisdiction to hear post-termination contractual claim

This report relates to 1 case(s)

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    Miller Bros & FP Butler Ltd v Johnston [2002] IRLR 386 EAT (0 other reports)

In Miller Bros & FP Butler Ltd v Johnston [2002] IRLR 386, the EAT holds that an employment tribunal had no jurisdiction under the Employment Tribunals Extension of Jurisdiction Order 1994 to hear an employee's contractual claim under a compromise agreement made after the termination of his employment, because that was not a claim "outstanding on the termination of" his contract of employment, nor could it be said to "arise on" the termination. Parliament's intention was clearly to limit tribunals' jurisdiction in respect of contractual claims, and the phrase "on termination" must be construed narrowly in a temporal sense rather than in a causative sense.