EAT Jurisdictional Points : Working Outside The Jurisdiction – The Claimant was a UK appointed employee of the British Council, the Respondent, working abroad; he was ‘truly expatriate’ and he was not a civil servant. He was, however, employed under a contract of employment which expressly incorporated English law, entitled him to a Civil Service Pension (by virtue of specific statutory provision) and made a notional deduction for UK tax; and the Respondent for whom he worked was a non departmental public body having an important place in British public life. The Claimant established an overwhelmingly stronger connection with Great Britain and with British employment law than any other system; so he was entitled to bring claims under the Employment Rights Act 1996 and the Equality Act 2010.
Lawson v Serco Ltd [2006] ICR 250 (House of Lords), Duncombe v Secretary of State for Children Schools and Families (No 2) [2011] ICR 1312 (Supreme Court), Ravat v Halliburton Manufacturing and Services Ltd [2012] ICR 389 (Supreme Court), Bates van Winkelhof v Clyde and Co LLP [2013] ICR 883 (Court of Appeal) and Dhunna v CreditSights Ltd [2015] ICR 105 (Court of Appeal) summarised and applied.
Judges:
David Richardson HHJ
Citations:
[2016] UKEAT 0036 – 16 – 2508, [2016] IRLR 935
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 March 2022; Ref: scu.568590