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Employment tribunal – Jurisdiction. The Court of Appeal, Civil Division considered the factors material to whether an employment tribunal had jurisdiction to entertain an unfair dismissal claim brought by a former employee who was engaged to work abroad. In allowing the employer's appeal, the court held that the authorities made it clear that the general rule was that someone in the employee's position was, upon dismissal, excluded from any right to claim under s 94(1) of the Employment Rights Act 1996. If he wished to show that, exceptionally, his case was not caught by that general rule, but that he was within the territorial jurisdiction of s 94(1), he had to be able to show that his employment relationship had a sufficiently strong connection with Great Britain and British employment law such that it could be presumed that Parliament had to have intended that s 94(1) should apply to him.
Employment tribunal – Jurisdiction. The Court of Appeal, Civil Division considered the factors material to whether an employment tribunal had jurisdiction to entertain an unfair dismissal claim brought by a former employee who was engaged to work abroad. In allowing the employer's appeal, the court held that the authorities made it clear that the general rule was that someone in the employee's position was, upon dismissal, excluded from any right to claim under s 94(1) of the Employment Rights Act 1996. If he wished to show that, exceptionally, his case was not caught by that general rule, but that he was within the territorial jurisdiction of s 94(1), he had to be able to show that his employment relationship had a sufficiently strong connection with Great Britain and British employment law such that it could be presumed that Parliament had to have intended that s 94(1) should apply to him.
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