header-logo header-logo

It's raining expats cases

28 February 2008 / Juliet Carp
Issue: 7310 / Categories: Features , Legal services , Profession , Employment
printer mail-detail

Increasing mobility of employees is leading to more jurisdictional disputes, says Juliet Carp

Over the last few months English courts have been busy looking at when our laws apply to employees working abroad. In 2006 the House of Lords decided, in the joined cases of Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts and others v Veta Ltd and others [2006] UKHL 3, [2006] All ER 823 that employees can only claim unfair dismissal in Britain if they are “employed in Great Britain”. Three exceptional situations were described where employees working overseas can make claims here. These are: peripatetic employees based in ; employees working in a British enclave abroad; and employees posted abroad for the purposes of a British business (the latter exception did not actually apply to any of the employees considered in Serco).

Serco was followed by Williams v University of Nottingham UKEAT/0124/07/RN, [2007] All ER (D) 304 (Jan) in which the Employment Appeal Tribunal (EAT) applied the third exception

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll