Miss M Rapala v Sainsbury's Supermarkets Ltd: 3300367/2023
JUDGMENT
The response is struck out in part, namely the counter-claim.REASONS
[1]The respondent relies on the claimant’s constructive unfair dismissal claim as providing a gateway for an employer’s counterclaim.[2]Constructive unfair dismissal is not a breach of a contract claim. The relevance of a breach of contract in such a claim is that it is the mechanism of dismissal.[3]The claimant has not presented a breach of contract claim, therefore there is no jurisdiction by which the respondent can present a counter-claim.