1994 No. 1623
The F3Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
Made
Coming into force
Whereas a draft of the following Order was laid before Parliament in accordance with section 131(8) of the Employment Protection (Consolidation) Act 19781 and approved by resolution of each House of Parliament.
Now, therefore, the Lord Chancellor, in exercise of the powers conferred on him by sections 131(1), (4A), (5) and (5A) and 154(3) of that Act2, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation, commencement and interpretationI51
1
This Order may be cited as the F3Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and comes into force on the first day after it is made.
2
In this Order—
“contract claim” means a claim in respect of which proceedings may be brought before an F2employment tribunal by virtue of article 3 or 4; and
“the 1978 Act” means the Employment Protection (Consolidation) Act 1978.
Transitional provisionI82
This Order does not enable proceedings in respect of a contract claim to be brought before an F2employment tribunal unless—
a
the effective date of termination (as defined in section 55(4) of the 1978 Act) in respect of the contract giving rise to the claim, or
b
where there is no effective date of termination, the last day upon which the employee works in the employment which has terminated,
occurs on or after the day on which the Order comes into force.
Extension of jurisdiction
I73
Proceedings may be brought before an F2employment tribunal in respect of a claim of an employee for the recovery of damages or any other sum (other than a claim for damages, or for a sum due, in respect of personal injuries) if—
a
the claim is one to which section 131(2) of the 1978 Act applies and which a court in England and Wales would under the law for the time being in force have jurisdiction to hear and determine;
b
the claim is not one to which article 5 applies; and
c
the claim arises or is outstanding on the termination of the employee’s employment.
I24
Proceedings may be brought before an F2employment tribunal in respect of a claim of an employer for the recovery of damages or any other sum (other than a claim for damages, or for a sum due, in respect of personal injuries) if—
a
the claim is one to which section 131(2) of the 1978 Act applies and which a court in England and Wales would under the law for the time being in force have jurisdiction to hear and determine;
b
the claim is not one to which article 5 applies;
c
the claim arises or is outstanding on the termination of the employment of the employee against whom it is made; and
d
proceedings in respect of a claim of that employee have been brought before an F2employment tribunal by virtue of this Order.
I45
This article applies to a claim for breach of a contractual term of any of the following descriptions—
a
a term requiring the employer to provide living accommodation for the employee;
b
a term imposing an obligation on the employer or the employee in connection with the provision of living accommodation;
c
a term relating to intellectual property;
d
a term imposing an obligation of confidence;
e
a term which is a covenant in restraint of trade.
In this article “intellectual property” includes copyright, rights in performances, moral rights, design right, registered designs, patents and trade marks.
Manner in which proceedings may be broughtI16
Time within which proceedings may be brought
I97
F4Subject to F7F9article 8B, an employment tribunal shall not entertain a complaint in respect of an employee’s contract claim unless it is presented—
a
within the period of three months beginning with the effective date of termination of the contract giving rise to the claim, or
b
where there is no effective date of termination, within the period of three months beginning with the last day upon which the employee worked in the employment which has terminated, or
F1ba
where the period within which a complaint must be presented in accordance with paragraph (a) or (b) is extended by regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (a) or (b).
c
where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within whichever of those periods is applicable, within such further period as the tribunal considers reasonable.
I38
F5Subject to F8F10article 8B, an employment tribunal shall not entertain a complaint in respect of an employer’s contract claim unless—
a
it is presented at a time when there is before the tribunal a complaint in respect of a contract claim of a particular employee which has not been settled or withdrawn;
b
it arises out of a contract with that employee; and
c
it is presented—
i
within the period of six weeks beginning with the day, or if more than one the last of the days, on which the employer (or other person who is the respondent party to the employee’s contract claim) received from the tribunal a copy of an originating application in respect of a contract claim of that employee; or
ii
where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that period, within such further period as the tribunal considers reasonable.
Extension of time limits because of mediation in certain cross-border disputesF118A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6Extension of time limit to facilitate conciliation before institution of proceedings8B
1
This article applies where this Order provides for it to apply for the purposes of a provision of this Order (“a relevant provision”).
2
In this article—
a
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
b
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
3
In working out when the time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
4
If the time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
5
Where an employment tribunal has power under this Order to extend the time limit set by a relevant provision, the power is exercisable in relation to that time limit as extended by this regulation.
Death and bankruptcyI69
1
Where proceedings in respect of a contract claim have been brought before an F2employment tribunal and an employee or employer party to them dies before their conclusion, the proceedings shall not abate by reason of the death and the tribunal may, if it thinks it necessary in order to ensure that all matters in dispute may be effectually and completely determined and adjudicated upon, order the personal representatives of the deceased party, or other persons whom the tribunal considers appropriate, to be made parties and the proceedings to be carried on as if they had been substituted for the deceased party.
2
Where proceedings in respect of a contract claim have been brought before an F2employment tribunal and the employee or employer who is the applicant party to them becomes bankrupt before their conclusion, the proceedings shall not abate by reason of the bankruptcy and the tribunal may, if it thinks it necessary in order to ensure that all matters in dispute may be effectually and completely adjudicated upon, order the person in whom the interest of the bankrupt party has vested to be made a party and the proceedings to be carried on as if he had been substituted for the bankrupt party.
Limit on payment to be orderedI1010
An F2employment tribunal shall not in proceedings in respect of a contract claim, or in respect of a number of contract claims relating to the same contract, order the payment of an amount exceeding £25,000.
(This note is not part of the Order)
Words in Order substituted (1.8.1998) by Employment Rights (Dispute Resolution) Act 1998 (c. 8), ss. 1(2)(b), 17(1); S.I. 1998/1658, art. 2(1), Sch. 1