Tag Archives: territorial jurisdiction

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Cross-border, Jurisdiction: UK

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

Hong Kong: Which laws apply in cross-border employment?

The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Cross-border, Terms of employment contracts

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Terms of employment contracts

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Terms of employment contracts

UK: Peripatetic employee based abroad not entitled to bring statutory UK employment claims despite work here

Spending more time in England than any other country does not necessarily mean that a peripatetic employee can claim unfair dismissal here; the key factor is where the employee is based.

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Termination of employment

Updated HSF multi-jurisdictional guide to employee issues in business transfers

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Termination of employment

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Cross-border, Jurisdiction: UK

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 International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Termination of employment, Whistleblowing