Powell v OMV Exploration and Production Ltd: EAT 23 Jul 2013

EAT Practice and Procedure : Preliminary Issues – JURISDICTIONAL POINTS – Working outside the jurisdiction
The Claimant worked 3 weeks in 4 in Dubai, spending the 4th as ‘rest time’ at his home in the UK, under a contract made with a company registered in the Isle of Man, which provided that Manx courts would have sole jurisdiction and Manx law would apply. The company had no place of business in the UK, and administration of it was based in Austria (Vienna). An Employment Judge held that the company was domiciled in Austria within the terms of the Brussels 1 Regulation; and that since C did not habitually work in another Member State he could sue the respondent only in Austria. He was held entitled to come to these conclusions (though some of the factual basis for them was thin). That disposed of the appeal. The judge also found that the claim was outside the territorial scope of the ERA 1996, and was held entitled to do so: he had addressed the right test, permissibly applied it, and though he could have said more came to a conclusion he was entitled to reach.

Langstaff P J
[2013] UKEAT 0131 – 13 – 2307
England and Wales


Updated: 21 November 2021; Ref: scu.516000