ET breach of contract claim stayed for courts to determine territorial jurisdiction

In Lawes v Fleet Maritime Services (Bermuda) Ltd [2024] EAT 77 the EAT upheld an Employment Judge’s decision to stay, effectively, a decision as to the territorial reach of the Extension of Jurisdiction Order 1994. The claimant had reserved the right to pursue a contractual claim before the courts for amounts over and above the statutory limit and the employment tribunal therefore decided that the territorial reach was better decided by a court. The EAT held that:

• the Employment Judge made a case management decision within the definition in rule 1(3) of the ET Rules 2013;
• the threshold that the decision was certainly wrong in order for an appeal to succeed was not crossed.

The decision, taking account of the approach set out in Lycatel Services Ltd v Robin Schneider [2023] EAT 81, was well within the scope of his discretion to make a case management order staying proceedings.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.