Duncombe & others v Department for Education and Skills EAT/0433/07

Territorial jurisdiction: Employee working abroad could bring claim in respect of directly effective rights

Date:

28 July 2008

In Duncombe & others v Department for Education and Skills EAT/0433/07, the EAT held that the territorial limits to employment tribunal jurisdiction do not preclude an employee based outside Great Britain pursuing a breach of contract claim that relies on provisions in the fixed-term employees Regulations. The Regulations implemented European legislation, giving directly effective rights that the domestic courts must seek to enforce.