Sara Khoja considers the territorial scope of UK employment law
Where do you work? Who is your employer? For an internationally mobile employee working in more than one jurisdiction or more than one company within a group the position is not always clear.
The answers depend on various factors and will determine the employee’s employment rights and the employer’s obligations and potential exposure when terminating employment.
Exception rather than rule
In recent years there has been a steady flow of cases in the appeal courts determining the territorial scope of UK statutory employment rights. These largely result from the repeal in 1999 of s 196 of the Employment Rights Act 1996 (ERA 1996) setting out the act’s territorial scope. This section was repealed as a result of the EU Posted Workers Directive (96/71/EC) and to address highlighted injustices to employees. Nevertheless, it remains the exception rather than the norm for expatriate employees to receive the benefits of UK employment law.
Diggins v Condor Marine Crewing Services Limited [2009] EWCA Civ 1133, [2009] All ER (D) 37 (Feb) involved a chief officer employed on a vessel registered
