The claimants were airline pilots employed by the respondent company with headquarters in Hong Kong. The court was asked whether an English Tribunal had jurisdiction to hear their complaints of unfair dismissal.
Held: The pilots were employed in England so as to allow a claim for unfair dismissal here.
Judges:
Lord Phillips Of Worth Matravers, Mr, Lord Justice Waller And Lord Justice Maurice Kay
Citations:
[2005] EWCA Civ 599, Times 02-Jun-2005, [2005] ICR 1436, [2005] IRLR 624
Links:
Statutes:
Employment Rights Act 1996 94(1), Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 a3, Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 10(h)
Jurisdiction:
England and Wales
Citing:
Appeal from – G A Croft and others v Cathay Pacific Airways Ltd Veta Ltd USA Basing Ltd (Dickie v Cathay Pacific Airways Ltd) EAT 2004
EAT Unfair Dismissal – Exclusions including worker . .
Cited – Serco Ltd v Lawson and Foreign and Commonwealth Office CA 23-Jan-2004
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on . .
Cited – Todd v British Midland Airways CA 2-Jan-1978
The court discussed the test to be applied to an employment to see whether a British court had jurisdiction over it: ‘But in other cases there is more difficulty. I refer particularly to the type of case we have here of the airline pilot. He is . .
Cited – Nothman v Barnet London Borough County Council HL 1978
The normal retiring age for an employee is to be found by looking exclusively at the conditions of employment applicable to the group of employees holding his position.
Lord Salmon said: ‘If a woman’s conditions of employment provide that her . .
Cited – Carver (Nee Mascarenhas) v Saudi Arabian Airlines CA 17-Mar-1999
The applicant was recruited in Saudi Arabia in 1986 as a flight attendant under a contract expressed to be subject to Saudi Arabian law. After being trained in Jeddah, and then employed in India for four years, she was transferred to be based in . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited by:
Appeal from – Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 29 August 2022; Ref: scu.225003