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The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

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Counterclaims

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7.—(1) When a respondent wishes to present a claim against the claimant (“a counterclaim”) in accordance with article 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994(1), or as the case may be, article 4 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994(2), he must present the details of his counterclaim to the Employment Tribunal Office in writing. Those details must include —

(a)the respondent’s name;

(b)the respondent’s address;

(c)the name of each claimant whom the counterclaim is made against;

(d)the claimant’s address;

(e)details of the counterclaim.

(2) A chairman may in relation to particular proceedings by order made under rule 10(1) establish the procedure which shall be followed by the respondent making the counterclaim and any claimant responding to the counterclaim.

(3) The President may by a practice direction made under regulation 13 make provision for the procedure which is to apply to counterclaims generally.

(1)

S.I. 1994/1623.

(2)

S.I. 1994/1624.

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