How are claims for breach of contract or constructive dismissal handled?
A Judge deals with claims for breach of contract in the County Court. If the claim is for less than £5,000, the matter will be dealt with in the Small Claims Court. If the claim is particularly complex, or of a high value, the matter may be dealt with in the High Court. Claims have to be brought within six years of the breach of contract complained of. Breach of contract claims arising or outstanding on termination may also be brought in an Employment Tribunal for damages of up to £25,000. Claims for unfair constructive dismissal must be brought in an Employment Tribunal. In both cases, it will now be necessary to raise the matter as a grievance first (see question 12), and the Employment Tribunal limitation of three months from the date of dismissal will apply unless that time limit is extended to six months under the statutory minimum procedures.
