Breach of contract - claim for damages presented before termination of employment - tribunal having no jurisdiction to entertainCapek v Lincolnshire County Council: CA (Pill, Mummery and Laws LJJ): 26 May 2000

The employee was suspended from his employment by the council as a social worker after an incident in April 1994; following a disciplinary hearing and an internal appeal, he was dismissed with effect from 7 July 1995.

In November 1994, after notice of termination but before termination took effect, he presented to an industrial tribunal claims for damages for breach of contract.

The tribunal ruled that it had no jurisdiction to determine the breach of contract complaints since they were not presented 'within the period of three months beginning with the effective date of termination of the contract' as laid down in art.7(a) of the Industrial Tribunals (Extension of Jurisdiction) Order 1994 (SI 1994 No 1623).

The Employment Appeal Tribunal reversed that ruling on appeal.

The council appealed.

The employee in person.

Nicholas Dean (instructed by the chief solicitor, Lincolnshire County Council, Lincoln) for the council.Held, allowing the appeal, that although by virtue of art.3 of the 1994 Order an employee who was pursuing a claim for unfair dismissal in an employment tribunal could now also bring a claim for damages for breach of his contract of employment, by art.7 he was required to present his claim, where there was an effective date of termination, within the period between that date and the end of three months thereafter; and that, accordingly, a tribunal had no jurisdiction to entertain an employee's claim for damages for breach of contract presented before the effective date of termination of the contract giving rise to the claim.