Employment Tribunals Act 1996, section 2

Enactments conferring jurisdiction on employment tribunals

PART I Employment Tribunals

[F7 Employment tribunalsF7] shall exercise the jurisdiction conferred on them by or by virtue of this Act or any other Act, whether passed before or after this Act.

Definitions used in section 2 1

employment

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

Defined in s.42(1) · see it in the full Act

Cases considering section 2 10

Elizabeth Reynolds v Abel Estate Agent Ltd & Ors

[2025] EWCA Civ 1357 · 27 October 2025Defines

Defines the Employment Tribunal’s overall statutory jurisdiction, which includes jurisdiction conferred by the Act or other enactments. (see paras [11], [49])

Manson v Ministry of Defence

[2005] EWCA Civ 1678 · 4 November 2005

Confirms that employment tribunal jurisdiction is statutory and not inherent or general. That limitation does not prevent the tribunal from applying Community law within a domestic statutory claim. (see paras [12]-[13])

Karen Roberton v Stephen Collins

[2025] EWHC 3149 (Ch) · 28 November 2025

The judgment confirms that unfair dismissal claims fall within the jurisdiction of the Employment Tribunal. The defendant’s claim could not succeed because he was not an employee under English law (see para [164]).

2 more judgments, and what each says about section 2, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F7Words in s. 2 and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications

  1. C6S. 2 modified (E.) (1.7.2009) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), ss. 2(4), 13(2) (with s. 9); 2009 No. 1, Instrument made by Archbishops