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