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Employee working abroad establishes jurisdiction
Decision on the jurisdiction of employment tribunals in relation to employees working abroad following Lord Hoffmann’s analysis in
Lawson v Serco
. The employee in this case established jurisdiction in a divided 2:1 decision.
Per Lord Osborne, to invoke the jurisdiction successfully, it is not essential for a claimant, whose employment contains a foreign element, to demonstrate that he may properly be placed in one of the categories considered in detail by Lord Hoffman, as they are not exhaustive. Per Lord Carloway, Parliament intended that the Employment Rights Act 1996, s 94(1) should apply to a person living in England, employed by a British company and paying UK tax and National Insurance Contributions, but whose employers do not regard him as an expatriate but as a commuter and deal with all his contractual entitlements abroad.
Aidan O’Neill QC
was involved in this case.
For judgment, please visit:
http://www.scotcourts.gov.uk/opinions/2010CSIH52.html