All items: Jurisdiction

• expand

  Aziz v Embassy of Republic of Yemen [2005] All ER (D) 188 (Jun) CA (1 report relating to this case)

  • Employment tribunal jurisdiction: Waiver of state immunity from proceedings

    Date:

    16 September 2005

    In Aziz v Republic of Yemen, the Court of Appeal holds that the EAT should have remitted the matter to the fact-finding employment tribunal on the preliminary point as to whether Yemen's state immunity from proceedings had been waived, by it apparently taking steps in those proceedings.

• expand

  Benkharbouche v Embassy of the Republic of Sudan; Janah v Libya [2013] IRLR 918 EAT (1 report relating to this case)

  • Embassy workers' employment tribunal claims could proceed despite state immunity

    Date:

    28 November 2013

    In DLA Piper's case of the week, Benkharbouche v Embassy of the Republic of Sudan; Janah v Libya, the Employment Appeal Tribunal (EAT) held that two domestic workers employed in the UK by embassies could proceed with their employment claims.

• expand

  Bishop v Financial Times Ltd [2003] All ER (D) 359 (Nov) EAT (1 report relating to this case)

  • Case round-up: recovering bonuses paid in error; and posted workers' rights on termination

    Date:

    6 January 2004

    This week's case round-up from Eversheds, covering: recovering bonuses paid in error; and posted workers' rights on termination.

• expand

  Bleuse v MBT Transport Ltd and another [2008] IRLR 264 EAT (1 report relating to this case)

  • Statutory rights: Territorial jurisdiction

    Date:

    11 February 2008

    In Bleuse v MBT Transport Ltd EAT/0339/07 & EAT/0632/07, the EAT held that a German employee not based in Britain could not pursue claims for unfair dismissal and unlawful deductions from wages before the employment tribunal, notwithstanding that his contract of employment was governed by English law. However, he could pursue a claim for unpaid holiday pay because the right to paid annual leave under the Working Time Regulations 1998 implements a directly effective European right that domestic courts must seek to enforce.

• expand

  Botham v Ministry of Defence [2004] All ER (D) 210 (Nov) EAT (1 report relating to this case)

  • Employment tribunal jurisdiction: Lawson must be followed

    Date:

    25 March 2005

    In Botham v Ministry of Defence, the EAT holds that it was bound by the Court of Appeal decision in Lawson v Serco 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 in Germany.

• expand

  Bryant v Foreign & Commonwealth Office [2003] All ER (D) 104 (May) EAT (1 report relating to this case)

  • Employment tribunal jurisdiction: Jurisdiction where employee based abroad

    Date:

    18 July 2003

    In Lawson v Serco Ltd, it was decided that the employer carried on business in England and Wales, so the tribunal did have jurisdiction to hear his claim even though he worked exclusively on Ascension Island. Bryant v The Foreign & Commonwealth Office (where jurisdiction to hear an unfair dismissal claim was denied) was decided on the basis of a narrow ground raised on appeal and did not consider reg. 11, and does not therefore conflict with the decision in Lawson.

• expand

  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.

• expand

  Creditsights Ltd v Dhunna [2014] EWCA Civ 1238 CA (1 report relating to this case)

  • Case round-up

    Date:

    1 December 2014

    David Malamatenios is a partner and Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

• expand

  Crofts and others v Cathay Pacific Airways Ltd and others [2005] IRLR 624 CA (2 reports relating to this case)

  • Employment tribunal jurisdiction: Flexibility used in applying Lawson v Serco

    Date:

    29 July 2005

    In Crofts and others v Cathay Pacific Airways Ltd and others, the Court of Appeal holds that pilots who worked for a Hong Kong airline but who were based in or residing in England and who were subject to contracts of employment with a UK-based subsidiary of the airline could bring unfair dismissal claims in a domestic employment tribunal.

  • More guidance is needed on rights of overseas staff

    Date:

    7 June 2005

    Recent case law has failed to clarify sufficiently the status of employment tribunal jurisdiction regarding employees based overseas, argues Sue Nickson of Hammonds.

• expand

  Duncombe and others v Secretary of State for Children, Schools and Families (No. 2) [2011] IRLR 840 SC (1 report relating to this case)

  The Supreme Court also refused permission for the Ministry of Defence to appeal in the very similar case of Ministry of Defence v Wallis and another [2011] EWCA Civ 231 CA.

  • Teachers working abroad in European Schools can bring UK unfair dismissal claims

    Date:

    20 July 2011

    The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK.