Employer's contract claim (counterclaim) in the employment tribunal


Published by a ÑÇÖÞÉ«ÇéÍø Employment expert
Practice notes

Employer's contract claim (counterclaim) in the employment tribunal


Published by a ÑÇÖÞÉ«ÇéÍø Employment expert

Practice notes
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This Practice Note examines the circumstances in which an employer may make a contractual counterclaim against an employee in relation to a claim by the employee for breach of contract, under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the Order), SI 1994/1623.

When an employer is permitted to make a contract claim (counterclaim)

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. A respondent employer is not permitted to make such a contractual counterclaim in response to an ET1 which does not include a contract claim.

An employee is only to be treated as including a contract claim in their ET1 claim form if the claim:

  1. •

    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

  2. •

    has unequivocally been brought as a

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Jurisdiction(s):
United Kingdom
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Key definition:
Counterclaim definition
What does Counterclaim mean?

A claim brought by a defendant in response to the claimant's claim, which is included in the same proceedings as the claimant's claim.

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