Jurisdictional Points : Working Outside The Jurisdiction – Identity of employer: the claimant had a contract dated 1998 with a company, said no longer to exist. The respondents admitted that he was employed but there was a dispute by whom. The ET found that he was employed by the fourth respondent. It was argued by the respondent that there was an error of law in that decision. Held that the ET had erred in law in that it had applied the wrong test.
Territorial reach of Employment Rights Act 1996 (ERA) and Equality Act 2010. The ET found that the territorial reach of ERA and Equality Act 2010 did not include the claimant’s situation. It was argued by the appellant that the ET had jurisdiction and should hear his claims.
Held: not all relevant regulations had been put before the ET or the EAT.
Case continued for further submissions from parties.
Lady Stacey
[2013] UKEAT 0019 – 13 – 2111
Bailii
England and Wales
Employment
Updated: 10 January 2022; Ref: scu.559951
