Employment

The approach to determining whether an employee of British company who worked and lived abroad fell within the territorial scope of s 94(1) of the Employment Rights Act 1996 had been developed since the decision in Lawson v Serco Ltd [2006] ICR 250. The test of whether when working abroad the employee was a representative of his British employer or was working in a branch office no longer of itself had the importance suggested in Serco. The authorities since Serco had developed further principles to be applied when considering whether an employee who worked and lived abroad fell within the territorial scope of s 94(1) of the Act. First, the overarching question was whether Parliament intended that s 94(1) of the Act should apply to a person in the circumstances of the claim. Second, the general rule was that the place of employment was decisive, but where the employment had much stronger connections both with Great Britain and with British employment law than with any other system