header-logo header-logo

Employment protection

16 September 2010 / Sam Burnett
Issue: 7433 / Categories: Features , Discrimination , Disciplinary&grievance procedures , Employment
printer mail-detail

Sam Burnett considers the territorial reach of UK dismissal & discrimination protection

Two wives of servicemen, who were employed by the MOD at international schools situated in NATO headquarters in the Netherlands and Belgium, were dismissed when their husbands left the armed forces to become civilian employees of NATO. They brought claims of unfair dismissal and sex discrimination in the Watford employment tribunal. Did the tribunal have jurisdiction to hear their claims? The tribunal decided it did, and the EAT (see MOD v Wallis and Grocott (UKEAT/0546/08/ZT)) agreed.

Unfair dismissal

The right not to be unfairly dismissed generally applies to employees who are working in Great Britain at the time of their dismissal. However, some employees working abroad will have an employment relationship the characteristics of which are sufficiently exceptional that the right will also apply to them. Applying the principles laid down by the House of Lords by Lord Hoffmann in Lawson v Serco [2006] IRLR 289, the EAT in Wallis decided that there was a sufficiently special link between the wives’ employment and Great Britain for them to come within the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll