diggins_condorEAT2009
EAT JURISDICTIONAL POINTS: Working outside the jurisdiction
UNFAIR DISMISSAL: Exclusions including worker/jurisdiction
The employee was employed by the Respondents, a Guernsey corporation, as chief officer on a vessel plying between Portsmouth and the Channel Islands. He lived in Portsmouth and joined and left his vessel in Portsmouth each working day. The vessel was registered in the Bahamas. The Employment Tribunal dismissed his unfair dismissal claim on the basis that the employee could not bring himself within s199(7) of the 1996 Act. Held on the employee’s appeal that:
(1) the employee was not excluded from jurisdiction under s199(2)
(2) he did not fall within s199(7)
but (3) he did not have to bring himself within s199(7) to establish jurisdiction; he was a peripatetic employee to whom the appropriate Lawson v Serco test applied
(4) applying that test the employee was plainly based in the United Kingdom; there was no need for a remission; the primary facts were clear.
[2009] UKEAT 0083 – 08 – 0202
Bailii
Employment Act 1996 199(2)
Employment
Updated: 11 November 2021; Ref: scu.280456