header-logo header-logo

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

It's raining expats cases

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

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
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll