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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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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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