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Employment

19 October 2012
Issue: 7534 / Categories: Case law , Law digest , In Court
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Netjets Management Ltd v Central Arbitration Committee [2012] EWHC 2685 (Admin), [2012] All ER (D) 57 (Oct)

It was clear from Ravat v Halliburton Manufacturing and Services Ltd [2012] 2 All ER 905 that, in cases concerned with individual employment rights, “the starting point”, when considering the territorial jurisdiction of employment tribunals, was that the employment had to have a “stronger connection with Great Britain that with the foreign country where the employee works”. The test to be applied was the “sufficiently strong” test: “the question of law is whether s 94(1) applies to this particular employment. The question of fact is whether the connection between the circumstances of the employment and Great Britain and with British employment law was sufficiently strong to enable it to be said that it would be appropriate for the employee to have a claim for unfair dismissal in Great Britain”.

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An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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