Employment Tribunals Act 1996, section 3

Power to confer further jurisdiction on employment tribunals

PART I Employment Tribunals

(1)The appropriate Minister may by order provide that proceedings in respect of—

(a)any claim to which this section applies, or

(b)any claim to which this section applies and which is of a description specified in the order,

may, subject to such exceptions (if any) as may be so specified, be brought before an [F8employment tribunalF8] .

(2)Subject to subsection (3), this section applies to—

(a)a claim for damages for breach of a contract of employment or other contract connected with employment,

(b)a claim for a sum due under such a contract, and

(c)a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract,

if the claim is such that a court in England and Wales or Scotland would under the law for the time being in force have jurisdiction to hear and determine an action in respect of the claim.

(3)This section does not apply to a claim for damages, or for a sum due, in respect of personal injuries.

(4)Any jurisdiction conferred on an [F8employment tribunalF8] by virtue of this section in respect of any claim is exercisable concurrently with any court in England and Wales or in Scotland which has jurisdiction to hear and determine an action in respect of the claim.

(5)In this section—

  • “appropriate Minister”, as respects a claim in respect of which an action could be heard and determined by a court in England and Wales, means the Lord Chancellor and, as respects a claim in respect of which an action could be heard and determined by a court in Scotland, means the Lord Advocate, and

  • “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

(6)In this section a reference to breach of a contract includes a reference to breach of—

(a)a term implied in a contract by or under any enactment or otherwise,

(b)a term of a contract as modified by or under any enactment or otherwise, and

(c)a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

Definitions used in section 3 2

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
contract of employment

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing,

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

Cases considering section 3 12

Flatman v London Borough of Southwark

[2003] EWCA Civ 1610 · 12 November 2003Limits

Interprets section 3 as the successor statutory framework governing the Employment Tribunal's contractual jurisdiction, including the distinction between claims within subsection (2) and claims excluded by subsection (3). (see paras [36]-[40]) Applies to claims for damages for breach of an employment-connected contract and sums due under such a contract, subject to the exclusion in subsection (3). A contractual benefit claim could fall within this limb before the personal-injury exclusion was applied. (see paras [36], [40]) Limits the Employment Tribunal's jurisdiction by excluding claims for damages or sums due in respect of personal injuries. The exclusion covered a claim for the loss of a chance of receiving a personal-injury payment. (see paras [36], [40]-[41])

Ridge v HM Land Registry

[2014] UKEAT 0485_12_1906 · 19 June 2014

The provision confers Employment Tribunal jurisdiction over contract claims. The EAT held that Parliament intended ordinary contract law, including available civil-court defences, to operate in that jurisdiction. (see paras [69]-[71]) The EAT relied on concurrent jurisdiction with the civil courts to conclude that an employer may raise a civil-court defence of set-off against an employee’s contractual claim. (see paras [69]-[71])

Simpson v. Wm A Merrick (Solicitors) (Practice And Procedure : Preliminary Issues)

[2010] UKEAT 0490_09_0705 · 7 May 2010Interprets

Section 3(2) defines the qualifying contractual employment claims which may be brought within the Employment Tribunal’s extended jurisdiction. The claimant’s claim fell within that category for the purpose of enabling the employer’s counterclaim. (see paras [7], [15], [19])

3 more judgments, and what each says about section 3, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F8Words in s.3(1)(4) and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications

  1. C7S. 3: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2(1), 3, Sch. (with art. 7)