Breach of Contract Claims in Tribunal - Only Allowed if the Employee has left Employment
by Philip
The Court of Appeal has held that employees can not claim breach of contract in the Employment Tribunals unless their employment has terminated. They can however bring an unauthorised deductions from wages claim in the Employment Tribunals as long as the claim is for a known amount. This means that in cases where employers operate a bonus scheme where the amount of the bonus is discretionary and varies from time to time, Tribunals do not have jurisdiction to hear a complaint about non payment unless the employee has left employment. A claim while the employee is still employed would have to be brought in the more costly and procedurally complex County Court. Read all about it here.
Similar Posts: