Bring a counterclaim where the employee has claimed breach of contract

Key points

  • Where the claimant brings a claim for breach of contract, the employer can enter a counterclaim against the employee in some circumstances.
  • A counterclaim may arise where the employer has dismissed the employee without a notice payment because of poor or negligent work. If the employer has incurred expenditure in remedying the employee's poor work, this cost may form the basis of a counterclaim to the employee's breach of contract claim in the employment tribunal.
  • The employer would need to consider the correct forum in which to bring a claim: depending on the amount that is in dispute, it may decide to bring a claim at the county court or High Court, rather than a counterclaim at the employment tribunal.

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