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16 February 2012
Issue: 7501 / Categories: Case law , Law digest , In Court
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Employment

Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1, [2012] All ER (D) 49 (Feb)

The starting point in determining whether s 94(1) of the Employment Rights Act 1996 applied and whether the facts were sufficient to take a case out of the general rule that the place of employment was decisive, was that the employment relationship had to have a stronger connection with Great Britain than with the foreign country where the employee worked. The open ended language of s 94(1) left room for some exceptions to the general rule where the connection with Great Britain was sufficiently strong to show that that could be justified. It would always be a question of fact and degree as to whether the connection was sufficiently strong to overcome the general rule that the place of employment was decisive.

The question whether, on given facts, a case fell within the scope of s 94(1) was a question of law, but was also a question of degree. The reason why an exception could be made in some cases was that the connection between Great

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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