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

[billybobynumeroduo]

Could some one please explain the difference between the two?

 

Why the majority of people on here pursue Employment claims through the ET process why not claim under common law in the County Court, surely this is easier process and probably speedier.

 

Discuss.

 

Regards

 

BB

[steampowered]

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.

[billybobynumeroduo]

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

[steampowered]

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

[billybobynumeroduo]

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

[steampowered]

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.

[billybobynumeroduo]

hi SP,

 

many thanks for clarifying this

 

 

best regards

 

bb

[becky2585]

The ET does have the jurisdiction to hear an employers breach of contract counter claim, too.