The Employment Tribunal was right to find that it did not have jurisdiction over claims for unfair dismissal, racial discrimination, victimisation and detriment resulting from a protected disclosure brought by an Egyptian national who had been employed as a Vice Consul in the British Embassy in Cairo. She contended that the ET had jurisdiction because she worked in a ‘British enclave’, but that label was not determinative of, and indeed was not relevant to, the ‘sufficient connection question’ (as it was termed by Underhill LJ in Jeffery v British Council [2019] ICR 929). The ET’s decision was neither perverse nor irrational and it correctly applied the law as stated by Baroness Hale in Duncombe v Secretary of State for Children, Schools and Families [2011] ICR 1312:
‘The principle appears to be that the employment must have much stronger connections both with Great Britain and with British employment law than with any other system of law.’
Citations:
[2020] UKEAT 0123 – 19 – 2401
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 November 2022; Ref: scu.650913
