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Employment tribunal jurisdiction: Lawson must be followed

This report relates to 1 case(s)

  • expand disabled

    Botham v Ministry of Defence [2004] All ER (D) 210 (Nov) EAT (0 other reports)

Key points

In Botham v Ministry of Defence the EAT holds:

  • The EAT was bound by the Court of Appeal decision in Lawson v Serco [2004] IRLR 206 to find that the tribunal had been correct to reject jurisdiction for the unfair dismissal claim made by a civilian who had worked for the Ministry of Defence ("MoD") in Germany. The provisions of s.94(1) of the Employment Rights Act 1996 only apply to "employment in Great Britain", unless expressly provided for by the legislation.