4. Proceedings may be brought before an industrial tribunal in respect of a claim of an employer for the recovery of damages or any other sum (other than a claim for damages, or for a sum due, in respect of personal injuries) if—
(a)the claim is one to which section 131(2) of the 1978 Act applies and which a court in Scotland would under the law for the time being in force have jurisdiction to hear and determine;
(b)the claim is not one to which article 5 applies;
(c)the claim arises or is outstanding on the termination of the employment of the employee against whom it is made; and
(d)proceedings in respect of a claim of that employee have been brought before an industrial tribunal by virtue of this Order.