All items: Jurisdiction

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  Butterworth v Police and Crime Commissioner's Office for Greater Manchester [2016] IRLR 280 EAT (1 report relating to this case)

  • Case round-up

    Date:

    1 April 2016

    Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

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  Carver v Saudi Arabian Airlines [1999] IRLR 370 CA (1 report relating to this case)

  • Unfair dismissal: Contract determines employee's base for purposes of unfair dismissal jurisdiction

    Date:

    15 April 1999

    The question of whether or not an employee "ordinarily works outside Great Britain" for the purposes of determining employment tribunal jurisdiction over unfair dismissal complaints must be determined by reference to the relevant terms of his or her contract of employment, express or implied, confirms the Court of Appeal in Carver (nee Mascarenhas) v Saudi Arabian Airlines.

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  Dorrington v Thompson Holidays Ltd [2001] ET/2204756/00 (1 report relating to this case)

  • Working wholly outside Great Britain

    Date:

    1 September 2001

    An employee is to be regarded as being at an establishment in Great Britain unless they work "wholly" outside of Great Britain. In deciding where an applicant works, the tribunal must look at the reality of her situation, not the strict wording of her written contract, holds a London Central employment tribunal (Chair: K. Markus) in Dorrington v Thompson Holidays Ltd.

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  Hayter v (1) Layland (2) Stena Sealink Ltd [1995] IT/1814/94 (1 report relating to this case)

  • No jurisdiction to hear seafarers' claims

    Date:

    1 December 1995

    In Hayter v (1) Layland (2) Stena Sealink Ltd, a woman who was employed on a cross channel ferry until she was made redundant could not claim sex discrimination because she was not employed "at an establishment in Great Britain". In Van Es and others v Maersk Offshore (Singapore) PTE Ltd, a tribunal finds that the applicants, all seamen dismisses their race discrimination complaints for lack of jurisdiction because they had been recruited outside Great Britain.

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  Maidment v European Commission [1999] ICR 577 EAT (1 report relating to this case)

  • Tribunal jurisdiction: EC employment disputes justiciable only in ECJ

    Date:

    15 June 1999

    In Maidment v The European Commission, the EAT holds that the European Court of Justice has exclusive jurisdiction in employment disputes relating to candidates for employment with, and employees of, institutions of the European Community, including the Commission.

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  Ministry of Defence v Wallis and another [2011] EWCA Civ 231 CA (1 report relating to this case)

  In Duncombe and others v Secretary of State for Children, Schools and Families (No. 2) [2011] IRLR 840 SC, the Supreme Court refused permission for the Ministry of Defence to appeal against this decision.

  • MoD wives working abroad entitled to bring tribunal claims in the UK

    Date:

    15 March 2011

    The Court of Appeal has held that the tribunal was correct to decide that it had jurisdiction to hear claims of unfair dismissal and sex discrimination by two British employees who worked for the Ministry of Defence in Belgium and the Netherlands. 

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  Tradition Securities and Futures SA v X and another [2008] IRLR 934 EAT (3 reports relating to this case)

  • Sex discrimination: Tribunal's territorial jurisdiction

    Date:

    24 October 2008

    In Tradition Securities and Futures SA v X and another EAT/0202/08, the EAT held that, where an employee of a French company had worked in Paris for three years before transferring to the company's London office for two years, and complained of unlawful sex discrimination throughout all five years of her employment, the employment tribunal had jurisdiction to hear only the complaints about her alleged treatment in London.

  • Case of the week: Employment tribunal jurisdiction

    Date:

    23 September 2008

    This week's case of the week, provided by DLA Piper, covers employment tribunal jurisdiction.

  • Tradition Securities and Futures SA v X and another EAT/0202/08

    Date:

    26 August 2008

    The Employment Appeal Tribunal has held that, where discrimination is alleged to have occurred in Paris and later London, the employment tribunal's jurisdiction is limited to the discriminatory acts that took place in London.

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  Van Es and others v Maersk Offshore (Singapore) PTE Ltd [1994] IT/4675/93 (1 report relating to this case)

  • No jurisdiction to hear seafarers' claims

    Date:

    1 December 1995

    In Hayter v (1) Layland (2) Stena Sealink Ltd, a woman who was employed on a cross channel ferry until she was made redundant could not claim sex discrimination because she was not employed "at an establishment in Great Britain". In Van Es and others v Maersk Offshore (Singapore) PTE Ltd, a tribunal finds that the applicants, all seamen dismisses their race discrimination complaints for lack of jurisdiction because they had been recruited outside Great Britain.