This appeal concerns a challenge to the jurisdiction of the UK employment tribunals to hear a claim brought by a former employee following his dismissal. The EAT following earlier authorities considered whether the claimant had a sufficiently strong connection with the UK to justify hearing the case where the claim arose. The claim arose from conduct on a vessel moored in the territorial waters of Equatorial Guinea. In particular the EAT considered the effect of a clause in the claimant’s contract of employment which prorogated the jurisdiction of the courts and tribunals in Scotland. The EAT held that following the reasoning of Lady Hale in Duncombe v Secretary of State for Children, Schools and Families the existence of such a clause was a relevant factor provided there were other connections that supported the prorogation clause and that independently connected the claim with the jurisdiction of the UK employment tribunals. The EAT also rejected an argument that the jurisdiction of Equatorial Guinea was supported by the wording of another clause in the contract.
[2019] UKEAT 0018 – 19 – 1311
Bailii
England and Wales
Updated: 17 August 2021; Ref: scu.646861
