header-logo header-logo

27 November 2009 / Sara Khoja
Issue: 7395 / Categories: Features , Employment
printer mail-detail

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 This section was repealed as a result of the EU Posted Workers Directive (96/71/EC) and to address highlighted injustices to employees.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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll