Serco Ltd v Lawson [2006] UKHL 3 – Law Journals

Overseas workers: Not bringing it all back home

Charles Wynn-Evans outlines some recent cases about the employment tribunal’s jurisdiction to hear claims brought by those working overseas ‘The tribunal should consider the particular facts of each case as a whole to determine whether there is a stronger connection with Great Britain than the country where the individual works, such that the tribunal should …

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Legal news: Employment update

Mark Kaye rounds up recent case law and developments affecting employers and their advisers ‘The employment tribunal dismissed the claim because the comments made to Mr Evans were very much part of the office culture, in which teasing was prevalent.’ Harassment or ‘banter’ – where to draw the line Section 26 of the Equality Act …

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Territorial Jurisdiction: One size doesn’t fit all

The latest decision on employing workers who live overseas shows that there are no easy answers to whether they can bring a claim in the UK employment tribunal, warns Kevin McCavish ‘In Serco, Lord Hoffman was keen to emphasise that a universal test would not work when determining the question of territorial jurisdiction and that …

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Anti-Corruption: Conducting cross-border investigations

Companies investigating fraud in both the UK and US need to be aware of key differences in local legislation, explain Ellen Temperton, James Storke and Jim Hart This article focuses on three areas critical to an investigation spanning the UK and US – whistleblower protection, privacy and data protection rules, and privilege. According to the …

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Tribunal Jurisdiction: Interpreting Parliament’s intention

Naomi Oppenheim and Nick Tsatsas review Underhill J’s proposal to broaden the type of claims that the employment tribunal has jurisdiction to hear ‘One of the new employment tribunal rules (r8) may make employers around the world more nervous, because it has the potential to significantly increase the number of claims that English employment tribunals …

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Overseas Workers: Beyond borders: the scope of UK employment rights

Michael McCartney and Rebecca Johns discuss the UK courts’ jurisdiction to hear claims brought by employees working abroad ‘The territorial limits that apply to the various statutory employment rights will also only be relevant if the tribunal is applying English law to the dispute in question.’ The issue of which UK employment rights overseas workers …

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