JURISDICTIONAL/TIME POINTS
The appellant, a former employee of the British Embassy in Tajikistan, appealed against rulings of the tribunal that it did not have territorial jurisdiction over his claim for unfair dismissal, because the appellant’s employment had a closer connection with Tajikistan, and that the claim was time-barred. The appeal on territorial jurisdiction failed because the tribunal had reached an evaluative judgment which was open to it on that issue. In particular, the fact that the respondent was likely to make a successful claim to diplomatic immunity in the Tajik courts, so that the appellant would have no remedy at all in respect of his dismissal, was not determinative and did not outweigh the various factors which showed a closer connection of his employment with Great Britain.
The appeal on limitation was also dismissed. The tribunal had been entitled to hold that the appellant had not been justified in delaying his claim on account of wishing to have more certainty as to the facts underlying his dismissal. In any event, the tribunal’s finding that the claim had not been presented within a reasonable further period could not be criticised.
Citations:
[2022] EAT 112
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 September 2022; Ref: scu.680611