Employment Tribunal Counter Claims

LoveSavingMoney_2

I found some interesting distinctions today:

Breach of contract claims and claims alleging unlawful deductions can spring from many provisions of your contract of employment. There are distinctions between the two types of claim:

• a claim for unlawful deduction from wages is a statutory claim (under the Employment Rights Act 1986);
• a claim for breach of contract is under “common law”;
• if you make a breach of contract claim your employer can in some circumstances bring a counterclaim; and
  
• if you make a claim for unlawful deductions from wages your employer cannot counterclaim.

Based on that final sentence, I now have even more reason to believe the judge will throw it out in short order.

Comms69

LoveSavingMoney wrote: »

I found some interesting distinctions today:



Based on that final sentence, I now have even more reason to believe the judge will throw it out in short order.

Are you making a claim under this act?


https://www.legislation.gov.uk/ukpga/1996/18/part/II/crossheading/deductions-by-employer


https://www.legislation.gov.uk/ukpga/1996/18/section/23

LoveSavingMoney_2

It's not entirely clear.

I went through a failed ACAS compulsory conciliation process then completed an ET1. I was granted a Rule 21 Judgement in my favour, made pursuant to Rule 21 of the Employment Tribunals Rules of Procedure 2013, in which it "is declared that the respondent made an unlawful deduction from" my wages. I can find no mention of specific acts in any of the documentation I have available.