N v F and K: 2602014/2020
JUDGMENT
[1]The whole of the respondent’s counterclaim is struck out.[2]This does not affect the claimant’s claim or respondent’s response, or any orders made in respect of them. The claim and response shall be heard and decided in the normal way.[3]The reasons for the strike out are as follows: 3.1. On 18 August 2020 The Tribunal wrote to the respondent indicating that it proposed to strike out the counterclaim because it had no reasonable prospect of success. This was because the Tribunal did not appear to have jurisdiction to consider it. 3.2. Though the respondent replied to that warning in good time, the reply did not overcome the issue that the Tribunal lacked jurisdiction to hear the counterclaim. 3.3. The counterclaim does not fall within one that the respondent may pursue under Employment Tribunals (Extension of Jurisdiction) Order 1994 because the claimant herself has not made a claim for breach of contract and the Tribunal cannot deal with claims for breach of confidence in any event.