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TERRITORIAL JURISDICTIONS: Over the seas but not always far away

08 July 2016  

Jo Broadbent reviews two recent decisions focusing on whether individuals working abroad could bring a claim in the UK employment tribunal

Neither the Employment Rights Act 1996 (ERA) nor the Equality Act 2010 (EqA) contain provisions about their territorial scope. This has resulted in the courts and tribunals having to determine in what circumstances someone who does not actually work in Great Britain will have protection against unfair dismissal and discrimination.

Additional Info

  • Case(s) Referenced:

    Bates Van Winkelhof v Clyde & Co LLP [2012] UKEAT/0568/11/RN, UKEAT/0168/12/RN

    Duncombe v Secretary of State for Children, Schools and Families [2011] UKSC 36

    Hottak v The Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438

    Lawson v Serco Ltd [2006] UKHL 3

    Lodge v Dignity & Choice in Dying [2014] UKEAT/0252/14

    R (Fleet Maritime Services (Bermuda) Ltd) v Pensions Regulator [2015] EWHC 3744

    Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1

    Windstar Management Services Ltd v Harris [2016] UKEAT/0001/16/LA