What are Cross Border Jurisdictional Issues?

Where the Claimant works wholly or partly abroad, the Tribunal must consider whether it has jurisdiction to hear the claim and whether UK statutory employment rights apply to the Claimant.

An Employment Tribunal can only hear a cross-border claim if it has jurisdiction to do so. This is determined by section 15C of the Civil Jurisdiction and Judgments Act 1982, which provides that the employer may be sued by the employee:

If the Employment Tribunal has jurisdiction to hear the cross-border claim, the Tribunal must then consider whether the Claimant falls within the territorial scope of UK employment legislation. A cross-border worker can only benefit from UK statutory employment rights (such as unfair dismissal and anti-discrimination protections) if the Claimant can show an especially strong connection with Great Britain and British employment law.

Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.

Please contact us if you require legal advice.