EAT JURISDICTIONAL POINTS – Working outside the jurisdiction
WORKING TIME REGULATIONS – Holiday pay
The approach to determining whether an employee of British company who works and lives abroad falls within the territorial scope of the Employment Rights Act 1996 section 94(1) has been developed since Lawson v Serco Ltd [2006] ICR 250. The question to be asked in the case of an employee who works wholly abroad is whether the connection with Great Britain and its employment law is stronger that that to the place where he performs all his work to overcome the general rule that the place of employment is decisive and is sufficiently strong to bring the employee within the scope of section 94(1). The connection with Great Britain and its employment law must be especially strong in the case of an employee who performs all his work and lives abroad. The test of whether when working abroad the employee is a representative of his British employer or is working in a branch office no longer of itself has the importance suggested in Serco. Ravat v Halliburton Manufacturing Services Ltd [2012] ICR 389, and Bates Van Winkelhof v Clyde and Co LLP [2012] IRLR 992 considered.
The test for the territorial scope of a claim under section 10 of the Employment Relations Act 1999 is the same as that for unfair dismissal. The principal basis for the decision of the Employment Judge that the Employment Tribunal did not have territorial jurisdiction to determine the Claimant’s claims for unfair dismissal and for breach of section 10 of Employment Relations Act 1999 had been superseded after the hearing by the comparative and strong connection tests developed in cases since Serco. Appeal allowed.
Cross-appeal from the decision that the Working Time Regulations 1998 applied to an employee working outside the EU by reason of European law allowed. Claim for holiday pay under the Working Time Regulations 1998 dismissed.
Judges:
Slade DBE J
Citations:
[2013] UKEAT 0246 – 12 – 0304
Links:
Statutes:
Working Time Regulations 1998, Employment Rights Act 1996
Jurisdiction:
England and Wales
Cited by:
Appeal from – Creditsights Ltd v Dhunna CA 19-Sep-2014
The employer disputed a finding that the Employment tribunal had jurisdiction over the employment claims made by the respondent. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 17 November 2022; Ref: scu.472856