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:
- In the courts for the part of the UK in which the employer is domiciled (where the employer is domiciled in the UK);
- In the courts for the place in the UK where or from where the employee habitually works or last worked (regardless of the employer’s domicile); or
- In the courts for the place in the UK where the business which engaged the employee is or was situated, if the employee does not or did not habitually work in any one part of the UK or other country.
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.
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