Preliminary
This note is concerned with the application of EC law by employment tribunals in Britain. For notes on the jurisdiction of EC Member States in civil and commercial matters generally, including employment law matters in partciular, see European Law/judgment enforcement and/or Procedure of Employment Tribunals/2001 rules/rule 22 - References to the European Court of Justice .

Employment tribunals have no powers except those given to them by Acts of Parliament (see Employment tribunals/jurisdiction of ). The European Communities Act 1972, s.2 gives them the power (and obligation) to apply european law when dealing with matters in respect of which they have jurisdiction (see European Law/direct applicability of EC or EU measures ). However, neither that nor any other Act gives Employment Tribunals jurisdiction in respect of free-standing claims based solely on european law.

Another way of putting it is to say that if a claim is one in respect of which an Employment Tribunal has jurisdiction then the Tribunal will and must apply any relevant EC/EU law. However, that does not mean that Tribunals have jurisdiction to consider all EC/EU law points which may arise - they can and must do so if the EC/EU point directly concerns law which comes within their parliament-given jurisdiction but cannot and must not attempt to deal with any "free-standing" points of EC/EU law even if the point has to be resolved in order to come to a decision. The courts (and ultimately the European Court of Justice), not Employment tribunals, provide the proper forum for dealing with free-standing points of european law.

The border line can be difficult to establish in any particular case. However it is at least clear that Tribunals do not have jurisdiction to hear "Francovich claims" (ie a claim against a national government on grounds that the claimant has suffered loss as a result of the government's failure to implement an EC directive properly - see Francovich v Republic of Italy ECJ 1995 ICR 722,ECJ).

See also notes at Employment tribunals/jurisdiction of and/or at European Law/judgment enforcement