header-logo header-logo

Oceans apart

David Tyme on territorial jurisdiction and the right not to be unfairly dismissed

The salient facts of Dolphin Drilling Personnel PTE Limited v Alan Winks and Dolphin Drilling Limited UK EATS/0049/08/BI are that the claimant, a British citizen with a home in Doncaster, was employed by Dolphin Drilling Personnel PTE Limited (DDPPL), a Singapore company, as a storeman on an oil rig in the Gulf of Mexico and latterly off the coast of Nigeria where he was employed when his employment terminated. DDL, a UK registered company, managed and operated the oil rig that the claimant worked on.
DDPPL provided crews to work on oil rigs and is situated in Singapore where its Director, Human Resource Manager and Coordinators are based.

The tribunal’s decision

The tribunal found that the claimant was employed by DDPPL having determined that personnel functions were undertaken by “real people” in Singapore and that the appropriate test to determine the jurisdictional issue was simply whether the employee had a “substantial connection” with Great Britain (GB). In reaching its conclusion

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll