EAT UNFAIR DISMISSAL – Exclusions including worker/jurisdiction
An Employment Tribunal was entitled to find that section 94(1) did not apply to the wife of a serving soldier who was employed to manage a children’s play area in what was generally a NAAFI complex in Germany, where she was herself a German national, engaged to work wholly in Germany under an (oral) contract made in Germany for a trust which though linked to the Armed Forces operated wholly in Germany. Such a case should be approached as a matter of principle, and not by extrapolation from the facts of decided cases from categories such as set out in Burke. A decision of an ET which correctly set out the principles, and exercised its judgment as to whether the connection of the employee and employment outside the UK with Great Britain and British employment law was one of those exceptional cases in which it was sufficiently close, deserved considerable respect. The ET was entitled in the present case to reach the view it did.
Judges:
Langstaff P J
Citations:
[2013] UKEAT 0455 – 12 – 0102
Links:
Jurisdiction:
England and Wales
Employment, Armed Forces
Updated: 14 November 2022; Ref: scu.471563
