UK employees abroad

UK: Jurisdiction – claims for EU-derived rights may only be brought in the UK if working within the EU

In Wittenberg v Sunset Personnel Services the EAT has reiterated its view, originally given in Hasan v Shell International (see our blog post), that EU-derived rights such as working time or discrimination protections can be enforced in the UK, despite … Continue reading

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Filed under Jurisdiction: Cross-border, Jurisdiction: UK, UK employees abroad

UK: Anti-suit injunctions – Court of Appeal rules that EU jurisdiction rules should prevail over US exclusive jurisdiction clause

The Court of Appeal has overturned a controversial High Court ruling (summarised in our blog post here) concerning the enforcement of non-EU exclusive jurisdiction clauses which conflict with EU jurisdiction rules.

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Filed under Contracts of employment, Jurisdiction: UK, Restrictive covenants and confidential information, UK employees abroad

UK: Court of Appeal due to consider whether US exclusive jurisdiction clause or EU jurisdiction rules should prevail

The Court of Appeal is due to consider whether a UK-domiciled employee's right under EU rules to be sued only in the UK should be given precedence over proceedings in the US pursuant to a US exclusive jurisdiction clause, in … Continue reading

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Filed under Contracts of employment, Jurisdiction: UK, Restrictive covenants and confidential information, UK employees abroad

UK: Unfair dismissal – ‘virtual’ employee teleworking from overseas for UK business can bring claim here

Employers should bear in mind the scope for employees working abroad to bring claims here, even where it has been the employee's choice to relocate.  There may be sufficient connection with Great Britain, particularly if the work is performed remotely … Continue reading

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Filed under Employment law reforms, Jurisdiction: UK, Termination of employment, UK employees abroad

UK: Jurisdiction – scope for suing non-EU employers in UK extended by recast Brussels Regulation

The recast Brussels Regulation introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings from 10 January 2015. One change of particular importance in the employment law sphere is that an employer domiciled outside … Continue reading

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Filed under Employment law reforms, Jurisdiction: Cross-border, Jurisdiction: UK, UK employees abroad

UK: Whistleblowing – normal jurisdictional test applies for unfair dismissal

The usual territorial limits for unfair dismissal claims apply to whistleblowing claims for automatically unfair dismissal or detriment, according to a recent EAT ruling.

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Filed under Jurisdiction: UK, Termination of employment, UK employees abroad, Whistleblowing

UK: Territorial scope of employment law rights: employees based abroad struggle to show sufficient connection to GB

The Court of Appeal has confirmed that the right to claim unfair dismissal only applies to employees working or based abroad if they can show sufficiently strong connections with Great Britain and British employment law such as to displace the … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, UK employees abroad

UK: Discrimination – jurisdiction where British national works overseas

The EAT has ruled for a second time that the principle that UK laws which are derived from EU law (such as discrimination law) must be construed as permitting claims by British nationals in England, where English law is the … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, UK employees abroad

UK: Employee working outside EU could not claim UK statutory holiday pay

The principle that UK laws which are derived from EU law must be construed as permitting claims in England, where English law is the proper law of the contract, only applies where the employee works in the EU. The claimant, … Continue reading

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Filed under Jurisdiction: UK, UK employees abroad, Working time rights: statutory holiday and other rest

UK: Unfair dismissal: GB connection test for eligibility to claim

The test for employees working abroad to be eligible to claim unfair dismissal in Great Britain is whether there is a much stronger connection, not only to Great Britain, but to British employment law, than with any other territory. ┬áThe … Continue reading

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Filed under Jurisdiction: UK, UK employees abroad