Jump to content


ET/ EAT vs Civil Claim in the County/ High Court


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3100 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The county court does not have jurisdiction to hear unfair dismissal or employment discrimination claims.

 

If it is just a claim for general breach of contract or for unpaid wages, then you have a choice whether to bring the claim in county court or in ET. In fact court fees are usually cheaper than ET fees.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

The county court does not have jurisdiction to hear unfair dismissal or employment discrimination claims.

 

If it is just a claim for general breach of contract or for unpaid wages, then you have a choice whether to bring the claim in county court or in ET. In fact court fees are usually cheaper than ET fees.

 

Many thanks SP,

 

1. Can one bring a claim for BOC in the County and the ET?

 

2. What kind of claims are outside of the ET's jurisdiction

 

thanks

 

BB

Link to post
Share on other sites

Yes a standard breach of contract claim for loss can be brought by the employee in county court (time limit 6 years) or in ET (time limit 3 months). If brought by the employer county court only.

 

The ET has limited jurisdiction and can only hear claims where it has a statutory basis for doing so. There is a list http://www.justice.gov.uk/tribunals/employment/claims/jurisdiction

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Hi SP,

 

thanks again for your knowledge,

 

just to clarify

 

1. Could one bring a BOC claim in the county and in the ET at the same time/ concurrently?

 

2. Example: One brings a BOC claim in the ET, which lets say fails because the solicitor is incompetent and no disclosure took place, could the appellant then after the ET claim bring a BOC claim in the County?

 

Regards

 

BB

Link to post
Share on other sites

No worries

 

1. The court and ET won't permit concurrent claims. The other side could get the duplicate claim struck out.

 

2. No, once a decision has been made by a court or tribunal of competent jurisdiction it is considered 'res judicata'. This means you cannot relitigate the same point again in a different venue. The ET will be bound by the CC's findings and vice versa.

 

Just to clarify when I refer to BOC I am talking about types of BOC where the ET has jurisdiction. The ET does not have jurisdiction to hear every possible type of BOC claim. I am basically thinking of unpaid wages or notice pay claims.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...