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27 November 2009 / Sara Khoja
Issue: 7395 / Categories: Features , Employment
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Employment orphans

Sara Khoja considers the territorial scope of UK employment law

Where do you work? Who is your employer? For an internationally mobile employee working in more than one jurisdiction or more than one company within a group the position is not always clear.

The answers depend on various factors and will determine the employee’s employment rights and the employer’s obligations and potential exposure when terminating employment.

Exception rather than rule

In recent years there has been a steady flow of cases in the appeal courts determining the territorial scope of UK statutory employment rights. These largely result from the repeal in 1999 of s 196 of the Employment Rights Act 1996 (ERA 1996) setting out the act’s territorial scope. This section was repealed as a result of the EU Posted Workers Directive (96/71/EC) and to address highlighted injustices to employees. Nevertheless, it remains the exception rather than the norm for expatriate employees to receive the benefits of UK employment law.

Diggins v Condor Marine Crewing Services Limited [2009] EWCA Civ 1133, [2009] All ER

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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