Claimant v Highlands and Islands Airports Limited

The claimant alleged breach of express contract terms by being required to do work outside her job description. The tribunal found the contract specifically allowed the employer to require work in 'other functional areas as required' and the job description stated 'your job title conveys the broad nature of the work you are required to perform'. The claim was unarguable and struck out as having no reasonable prospects of success.

The claimant alleged breach of the implied duty of trust and confidence. Although the tribunal accepted it was 'just arguable' there may have been a breach, the claimant sought damages for psychiatric injury and loss of wages. The Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 excludes claims for personal injuries and contingent losses arising after termination. The tribunal had no jurisdiction to hear the claim, which was struck out.

The claimant sought loss of wages. The tribunal found it had no jurisdiction under Article 3(c) of the Extension of Jurisdiction Order to determine claims for contingent losses arising after the date of termination of employment. The claim was struck out as having no reasonable prospects of success.