Jim Strang column

THIS popular weekly column by welfare rights expert Jim Strang concerns employment law and the new order which allows industrial tribunals to hear cases for breach of contract of employment, for which they previously did not have jurisdiction. This article is just a brief guide and is in no way to be considered anything other than that.

INDUSTRIAL TRIBUNALS EXTENSION OF JURISDICTION ORDER 1994

This order gives an employee the right to bring a claim for breach of a contract of employment to an industrial tribunal if certain conditions are met. The order also allows an employer the same right. The provisions apply from the date of termination or the last day on which the applicant worked in the employment.

TIME LIMITS

Any complaint of breach of contract must be made to the industrial tribunal within three months of the date of termination of the contract or, where there is no effective date of termination, within three months of the last day on which the employee worked in the relevant employment.

The procedure for applications to the industrial tribunal are set out in a booklet (ITL 1) that you can get from the industrial tribunals or your local Jobcentre.

DO YOU NEED TO BE DISMISSED?

It has often been assumed that to argue successfully at an industrial tribunal, for example where your hours of work have greatly been reduced, that you would need to leave your employment and claim unfair dismissal by way of constructive dismissal. This is not always the case and case law does support this.

ADVICE

Employment law is very complex and if you have any dispute with your employer, seek advice at an early stage. If action is needed, it is important for your representative to have all the facts at an early stage.

Converted for the new archive on 13 March 2001. Some images and formatting may have been lost in the conversion.