Exiting The EU: The flaw in the Brexit white paper

The government’s failure to address the issue of purposive construction in its plan for the Great Repeal Bill will lead to uncertainty and a wave of litigation after Brexit, warns Sandy Kemp ‘Applying a purposive construction has led to significant differences of outcome, including a reversal of what decisions would have been using the standard …
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Territorial Jurisdictions: Over the seas but not always far away

Jo Broadbent reviews two recent decisions focusing on whether individuals working abroad could bring a claim in the UK employment tribunal ‘If there is a sufficiently close connection between Great Britain and the employment, it can be presumed that Parliament intended protection against unfair dismissal to be available.’Neither the Employment Rights Act 1996 (ERA) nor …
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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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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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International Secondments: Cross-border claimants

Jemima Coleman and Justine Reeves look at overseas workers’ right to bring a complaint in the UK employment tribunal, using the example of a posting to the UAE to examine the legal and practical issues involved ‘UK companies may require advice on relocating staff, terminating international secondments or making expatriate workers redundant. Often, the local …
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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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