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Employment tribunal jurisdiction: Territorial jurisdiction in discrimination claims

This report relates to 1 case(s)

  • expand disabled

    Saggar v Ministry of Defence and conjoined appeals [2004] All ER (D) 54 (Jul) EAT (0 other reports)

Key Points

In Saggar v Ministry of Defence; Lucas v Ministry of Defence; Ministry of Defence v Gandiya, the EAT holds:

  • An employment tribunal faced with the issue of whether it has jurisdiction to hear a complaint of discrimination in respect of employment abroad, must apply the Carver test of whether, at the time of the alleged discrimination, the employee did his or her work wholly outside Great Britain.
  • This test, which has survived amendment to the relevant provisions, could be adjusted to solve most cases of alleged discrimination abroad, including pre-contractual discrimination; post-employment discrimination; discrimination taking place over a period; and one-off acts of discrimination.
  • Whether or not attendance at a training course or conference in Great Britain can amount to "work" will depend on the facts of each case. In this connection, it might be helpful for the tribunal to establish the contractual position; the content of the "work"; its duration and regularity.
  • The de minimis principle applies to discrimination statutes and ensures that a single business visit to Great Britain, by someone who is working and being discriminated against elsewhere in the world, is insufficient to found jurisdiction.