EAT JURISDICTIONAL POINTS – Working outside the jurisdiction
Claimant employed by a Hong Kong company – Seconded from Hong Kong to work in London for associated company – Claims for unfair dismissal, discrimination on the grounds of race and/or religious belief, and unlawful deduction of wages – Tribunal holds that it has no jurisdiction by reason of reg. 19 (1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 because the employer did not carry on business in England or Wales and the acts complained of took place overseas.
Held, allowing the appeal, that it was necessary to give an extended meaning to the phrase ‘carry on business’ in order to avoid a result in which the Tribunal under its Regulations was unable to determine claims in respect of which the primary legislation had conferred jurisdiction on it: and that on that basis the employer carried on business in England by seconding the Claimant to work in London.
Appeal against refusal of leave to amend to include ‘whistleblower’ claims dismissed
Judges:
Underhill P
Citations:
[2010] UKEAT 0246 – 10 – 0812
Links:
Employment
Updated: 28 August 2022; Ref: scu.426922
