[F1(1)The appropriate Minister may by order provide that proceedings in respect of—
(a)any claim to which this section applies, or
(b)any such claim of a description specified in the order,
may, subject to such exceptions (if any) as may be specified in the order, be brought before an industrial tribunal.]
(2)Subject to subsection (3), this section applies to any of the following claims, that is to say—
(a)a claim for damages for breach of a contract of employment or any other contract connected with employment;
(b)a claim for a sum due under such a contract;
(c)a claim for the recovery of a sum in pursuance of any enactment relating to the terms or performance of such a contract;
being in each case a claim such that a court in England and Wales or Scotland, as the case may be, would under the law for the time being in force have jurisdiction to hear and determine an action in respect of the claim.
[F2(3)This section does not apply to a claim for damages, or for a sum due, in respect of personal injuries.]
(4)Where on proceedings under this section an industrial tribunal finds that the whole or part of a sum claimed in the proceedings is due, the tribunal shall order the respondent to the proceedings to pay the amount which it finds due.
[F3(4A)An order under this section may provide that an industrial tribunal shall not in proceedings in respect of a claim, or a number of claims relating to the same contract, order the payment of an amount exceeding such sum as may be specified in the order as the maximum amount which a tribunal may order to be paid in relation to a claim or in relation to a contract.]
(5)Without prejudice to section 154(3), an order under this section may include provisions—
(a)as to the manner in which and time within which proceedings are to be brought by virtue of this section; and
(b)modifying any other enactment.
[F3(5A)An order under this section may make different provision in relation to proceedings in respect of different descriptions of claims.]
(6)Any jurisdiction conferred on an industrial tribunal by virtue of this section in respect of any claim shall be exercisable concurrently with any court in England and Wales or in Scotland, as the case may be, which has jurisdiction to hear and determine an action in respect of the claim.
(7)In this section—
“appropriate Minister", as respects a claim in respect of which an action could be heard and determined in England and Wales, means the Lord Chancellor and, as respects a claim in respect of which an action could be heard and determined by a court in Scotland, means the [F4Lord Advocate];
“personal injuries” includes any disease and any impairment of a person’s physical or mental condition;
and any reference to breach of a contract includes a reference to breach of—
(a)a term implied in a contract by or under any enactment or otherwise;
(b)a term of a contract as modified by or under any enactment or otherwise; and
(c)a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.
(8)No order shall be made under this section unless a draft of the order has been laid before Parliament and approved by resolution of each House of Parliament.
Textual Amendments
F1S. 131(1) substituted (30.8.1993) by 1993 c. 19, s. 38(a); S.I. 1993/1908, art. 2(1), Sch. 1
F2S. 131(3) substituted (30.8.1993) by 1993 c. 19, s. 38(b); S.I. 1993/1908, art. 2(1), Sch.1
F3S. 131(4A)(5A) inserted (30.8.1993) by 1993 c. 19, s. 38(c)(d); S.I. 1993/1908, art. 2(1), Sch.1
F4Words in definition of 'appropriate minister' in s. 131(7) substituted (30.8.1993) by 1993 c. 19, s. 38(e); S.I. 1993/1908, art. 2(1), Sch. 1