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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll