Hologic Ltd v Mr R Hines — 2024

The respondent presented an employer’s counterclaim for breach of contract on 21 May 2024. The Tribunal accepted that the claimant had previously withdrawn his contract claim, which formed part of claim number 2402234/2024, on 15 May 2024 and that withdrawal was confirmed by the Tribunal on 18 May 2024. After that withdrawal, the only remaining claim was a statutory unfair dismissal claim.

The Tribunal held that it could only hear an employer’s counterclaim if, when the counterclaim was presented, there was still a valid employee contract claim before the Tribunal. By the time the counterclaim was lodged, the contract claim had already come to an end under rule 51 of the Employment Tribunal Rules of Procedure 2013. The judgment also referred to article 4 and article 8(a) of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994/1623.

Because the employee’s contract claim had been withdrawn before the employer’s counterclaim was presented, the Tribunal found that it had no jurisdiction to hear the counterclaim and dismissed it. No monetary award was made.