Outcome
Individual claims
The Respondent's employer's contract claim was dismissed because a respondent employer is not entitled to bring a breach of contract counterclaim unless the claimant has first brought their own breach of contract claim. Since the claimant had not done so, the tribunal had no jurisdiction to hear the employer's claim.
Facts
The respondent employer, Marks & Spencer Plc, attempted to bring an employer's contract claim against the claimant, Mr McKenzie. However, the claimant had not brought his own breach of contract claim in these proceedings.
Decision
The tribunal dismissed the respondent's employer's contract claim because under tribunal rules, an employer can only bring a breach of contract claim as a counterclaim where the employee has first brought their own contract claim. Since no such claim existed, the tribunal had no jurisdiction.
Practical note
Employers cannot bring standalone breach of contract claims in the employment tribunal; they can only counterclaim when responding to an employee's own contract claim.
Legal authorities cited
Case details
- Case number
- 6012007/2024
- Decision date
- 10 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No