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15 July 2010 / Melanie Adams
Issue: 7426 / Categories: Features , LexisPSL
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Lawson v Serco revisited

Melanie Adams considers when employees working abroad may bring unfair dismissal claims

Ismail Ravat joined Halliburton, a British registered company that is a subsidiary of a large US multinational corporation, in 1990 as an accounts manager. From 1995, he worked outside the UK, first in Algeria and from March 2003 in Libya for an associated German company. He was retained on normal UK pay and pensions structure, was paid in sterling into a UK bank account and paid UK tax and national insurance, although his salary was recharged to the German company who decided his salary increases and bonuses.

Work patterns

Mr Ravat’s work pattern was in accordance with Halliburton’s “international commuter assignment policy”, which differed from the company’s arrangements for expatriates who not only worked but also lived abroad. He worked on a rotational four weeks on/four weeks off basis, spending the four weeks off at home in the UK, during which he voluntarily dealt with work-related e-mail for a minimal amount of his time. UK employment law was the express governing

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MOVERS & SHAKERS

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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