Emma Naughton examines two recent cases on the tricky issue of which country’s courts have jurisdiction to hear an international worker’s employment claims ‘The tribunal had not afforded enough weight to the documented fact that both Mr Green and SIG had agreed that his contract should be governed by English law.’As the workforce continues to …
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The ECJ has recently considered when the special employment jurisdiction rules in the Brussels Regulation will apply to claims against directors. Andrew Taggart, Anna Pertoldi and Donny Surtani consider the implications ‘The ECJ held that if there was a contract of employment between Mr Spies and Holterman, the employment provisions in the Brussels Regulation applied.’ …
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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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Two recent decisions which have helped to clarify which employees have a sufficiently strong connection with Great Britain to qualify for unfair dismissal protection, explains Sarah Ozanne ‘The key question in determining whether the individual falls within the territorial scope of s94(1) is the strength of their, and the employment relationship’s, connection with Great Britain …
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Wills & Trusts Law Reports | January/February 2014 #136The deceased was born in Carriacou on 20 July 1925. She married her husband in 1953. He moved to London for work in the 1950s. She joined him in 1957. She died in London on 18 February 2008 aged 82, leaving a will dated 7 October 2007. The court had to decide whether she was domiciled in Carriacou or London at the date of her death in order to establish if it had jurisdiction to entertain a claim by the claimant pursuant to the Inheritance Act 1975 for reasonable financial provision out of the estate. The issue of domicile was ordered to be tried as a preliminary issue by an ord...
The EAT has extended the protection available to employees who work in the UK for a foreign company, explains Mandeep Kalsi ‘According to the EAT in Pervez v Macquarie Bank, Mr Pervez came within the “legislative grasp of the statutes and regulations” on which his claims were based, even though Hong Kong remained his base …
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