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OVERSEAS WORKERS: Sue and be sued

04 November 2016  

Jo Broadbent examines two recent decisions on whether the UK courts had jurisdiction to hear claims involving employees based abroad

Two interesting decisions on jurisdiction enlivened (at least from an employment lawyer’s perspective) an otherwise quiet August. The first, from the Employment Appeal Tribunal (EAT), highlights the importance of governing law when an expatriate employee is seeking to establish a tribunal’s jurisdiction to hear statutory employment claims. The other decision, from the Court of Appeal, treads slightly less familiar ground, assessing whether companies (including employing companies) could take action in the English courts against employees domiciled in Switzerland, or whether Lugano Convention protections for employees were engaged.

Additional Info

  • Case(s) Referenced:

    Bosworth v Arcadia Petroleum Ltd [2016] EWCA Civ 818

    Dhunna v CreditSights Ltd [2014] EWCA Civ 1238

    Jeffery v The British Council [2016] UKEAT/0036/16

    Lawson v Serco Ltd [2006] UKHL 3

    R (on the application of Hottak) v Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438

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