PART I

Employment Tribunals

Jurisdiction

Power to confer further jurisdiction on employment tribunals.
3
1
The appropriate Minister may by order provide that proceedings in respect of—
a
any claim to which this section applies, or
b
any claim to which this section applies and which is of a description specified in the order,
may, subject to such exceptions (if any) as may be so specified, be brought before an employment tribunal.
2
Subject to subsection (3), this section applies to—
a
a claim for damages for breach of a contract of employment or other contract connected with employment,
b
a claim for a sum due under such a contract, and
c
a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract,
if the claim is such that a court in England and Wales or Scotland would under the law for the time being in force have jurisdiction to hear and determine an action in respect of the claim.
3
This section does not apply to a claim for damages, or for a sum due, in respect of personal injuries.
4
Any jurisdiction conferred on an employment tribunal by virtue of this section in respect of any claim is exercisable concurrently with any court in England and Wales or in Scotland which has jurisdiction to hear and determine an action in respect of the claim.
5
In this section—
- “appropriate Minister”, as respects a claim in respect of which an action could be heard and determined by a court in England and Wales, means the Lord Chancellor and, as respects a claim in respect of which an action could be heard and determined by a court in Scotland, means the Lord Advocate, and
- “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
6
In this section a reference to breach of a contract includes a reference to breach of—
a
a term implied in a contract by or under any enactment or otherwise,
b
a term of a contract as modified by or under any enactment or otherwise, and
c
a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.
Words in s.3(1)(4) and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
S. 3: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2(1), 3, Sch. (with art. 7)
S. 3: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(2), 2 Sch. 1; S.I. 1998/3178, art. 3
Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
S. 12A applied (with modifications) by 1992 c. 52, s. 138(2A) as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 1 (with s. 24(5)); S.I. 2014/253, art. 3(h)