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16 September 2010 / Sam Burnett
Issue: 7433 / Categories: Features , Discrimination , Disciplinary&grievance procedures , Employment
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Employment protection

Sam Burnett considers the territorial reach of UK dismissal & discrimination protection

Two wives of servicemen, who were employed by the MOD at international schools situated in NATO headquarters in the Netherlands and Belgium, were dismissed when their husbands left the armed forces to become civilian employees of NATO. They brought claims of unfair dismissal and sex discrimination in the Watford employment tribunal. Did the tribunal have jurisdiction to hear their claims? The tribunal decided it did, and the EAT (see MOD v Wallis and Grocott (UKEAT/0546/08/ZT)) agreed.

Unfair dismissal

The right not to be unfairly dismissed generally applies to employees who are working in Great Britain at the time of their dismissal. However, some employees working abroad will have an employment relationship the characteristics of which are sufficiently exceptional that the right will also apply to them. Applying the principles laid down by the House of Lords by Lord Hoffmann in Lawson v Serco [2006] IRLR 289, the EAT in Wallis decided that there was a sufficiently special link between the wives’

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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