Melanie Adams considers when employees working abroad may bring unfair dismissal claims
Ismail Ravat joined Halliburton, a British registered company that is a subsidiary of a large US multinational corporation, in 1990 as an accounts manager. From 1995, he worked outside the UK, first in Algeria and from March 2003 in Libya for an associated German company. He was retained on normal UK pay and pensions structure, was paid in sterling into a UK bank account and paid UK tax and national insurance, although his salary was recharged to the German company who decided his salary increases and bonuses.
Work patterns
Mr Ravat’s work pattern was in accordance with Halliburton’s “international commuter assignment policy”, which differed from the company’s arrangements for expatriates who not only worked but also lived abroad. He worked on a rotational four weeks on/four weeks off basis, spending the four weeks off at home in the UK, during which he voluntarily dealt with work-related e-mail for a minimal amount of his time. UK employment law was the express governing law of his employment contract.
Halliburton assured Mr Ravat that
