The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

Jurisdiction of tribunals in Scotland and in England & Wales

This section has no associated Explanatory Memorandum

19.—(1) An employment tribunal in England or Wales shall only have jurisdiction to deal with proceedings (referred to as “English and Welsh proceedings”) where —

(a)the respondent or one of the respondents resides or carries on business in England and Wales;

(b)had the remedy been by way of action in the county court, the cause of action would have arisen wholly or partly in England and Wales;

(c)the proceedings are to determine a question which has been referred to the tribunal by a court in England and Wales; or

(d)in the case of proceedings to which Schedule 3, 4 or 5 applies, the proceedings relate to matters arising in England and Wales.

(2) An employment tribunal in Scotland shall only have jurisdiction to deal with proceedings (referred to as “Scottish proceedings”) where —

(a)the respondent or one of the respondents resides or carries on business in Scotland;

(b)the proceedings relate to a contract of employment the place of execution or performance of which is in Scotland;

(c)the proceedings are to determine a question which has been referred to the tribunal by a sheriff in Scotland; or

(d)in the case of proceedings to which Schedule 3, 4 or 5 applies, the proceedings relate to matters arising in Scotland.