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Duncombe and others v Department for Education and Skills: EAT 24 Apr 2008

Duncombe_desEAT2008

EAT Jurisdictional Points – Working outside the jurisdiction
Fixed Term Regulations
Extra-territorial jurisdiction. Teachers working abroad. Breach of contract claim within ET jurisdiction. Whether Claimants can rely on provisions of FTER 2002, implementing F-T Working Directive (99/70/EC) in light of Elias P reasoning in Bleuse v MBT Transport (UKEAT/0339/07 21 December 2007). Consistency of EAT decisions.

[2008] UKEAT 0433 – 07 – 2404
Bailii
Citing:
CitedBleuse v MBT Transport Ltd and Another EAT 21-Dec-2007
EAT Working Time Regulations
Unfair Dismissal – Exclusions including worker/jurisdiction
The claimant, a lorry driver, worked mainly in Austria and Germany, but had a contract of employment with a . .

Cited by:
Appeal fromDuncombe and Others v Secretary of State for Children, Schools and Families CA 14-Dec-2009
The court considered the workings of fixed term employment contracts under which the claimants taught in Europe. The Secretary of State argued that the contracts validly limited the claimants’ employment to nine years. The claimants said the 2002 . .
At EATDuncombe and Others v Secretary of State for Children, Schools and Families SC 29-Mar-2011
The government operated European Schools catering for children of staff of the European Community. The school staff challenged as unlawful, the contracts restricting their terms of employment with the schools to a maximum of nine years.
Held: . .
At EATDuncombe and Others v Secretary of State for Children, Schools and Families (No 2) SC 15-Jul-2011
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal.
Held: The claimants’ appeals were allowed and the cases remitted to the . .

Lists of cited by and citing cases may be incomplete.

Employment

Updated: 01 November 2021; Ref: scu.267091

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