CTC Aviation Group Plc v. Foan [2001] UKEAT 46_01_2303 (23 March 2001)

CTC Aviation Group Plc v. Foan [2001] UKEAT 46_01_2303 (23 March 2001)

The Tribunal has no jurisdiction to hear the employer's counterclaim because the employee's claim for unfair constructive dismissal is not a contract claim under the 1994 Order.

Citation
[2001] UKEAT 46_01_2303
Parties
Appellant: CTC Aviation PLC; Respondent: Unnamed Employee
Jurisdiction
United Kingdom
Judgment Date
23 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Jurisdiction, Counterclaim
Employment Law Constructive Dismissal Unfair Dismissal Jurisdiction Counterclaim

Case Brief

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Parties

CTC Aviation PLC

Appellant

Unnamed Employee

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Does the Employment Tribunal have jurisdiction to entertain an employer's counterclaim in proceedings initiated by an employee for unfair constructive dismissal?

Ratio Decidendi

The Tribunal has no jurisdiction to hear the employer's counterclaim because the employee's claim for unfair constructive dismissal is not a contract claim under the 1994 Order.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed; the Tribunal has no jurisdiction to entertain the employer's counterclaim.