Anderson v Stena Drilling Pte Ltd: EAT 17 Aug 2006

Eat The claimant came from Aberdeen. He had been employed by Ben Line Steamers and his employment was transferred, ultimately, to the respondents, a company registered in Singapore. The respondents were a subsidiary of a Swedish company. From a date in 1998 until his dismissal, the claimant worked as a storeman on a rig situated in far eastern waters. The operations of the rig were controlled by a UK company which was based in Aberdeen. From a date in 1999 until his dismissal, the claimant resided in Thailand. He returned to Scotland after that. The day to day management of the rig was carried out by an employee of the respondents who reported to another employee of the respondents based onshore in the Far East. Logistical, training, rota management and similar support was provided by another company based in Scotland, with which the respondents had a contract. The tribunal found, taking account of the decision of the Court of Appeal in Lawson v Serco that it did not have jurisdiction; it determined that the claimant’s place of employment was not within Great Britain as that was not where he carried out his work. On appeal, the Employment Appeal Tribunal, after having considered the decision of the House of Lords in Lawson v Serco, upheld the tribunal’s finding of no jurisdiction.

Judges:

Honourable Lady Smith

Citations:

[2006] UKEAT 0080 – 04 – 1708, UKEATS/0080/04

Links:

Bailii, EAT

Employment

Updated: 09 July 2022; Ref: scu.247789