Documents Merrett, Louise 3 results

"A key question is when British employment rights can be relied on by workers whose employment is also connected in some way with another country. The crucial touchstone has traditionally been whether the employee is working in Great Britain. This article examines the notion of territoriality applied in recent cases, particularly in the context of the territorial scope of employment legislation. Courts have tended to be generous in allowing those working abroad to rely on British employment rights if there are other strong connections with Great Britain based on a consideration of a wide variety of factors. By focusing on the connection which an employee has not just to Great Britain, but also to British employment law, there has been a move away from attaching sole importance the place where an employee physically works. This article focuses on the question of whether this approach is appropriate for employees who are working in Great Britain. In particular, if an employee is working in Great Britain, when, if at all, should it be possible to displace the territorial application of British employment law."

"If a dispute arises in an employment case with international elements, before the court or tribunal can adjudicate on the merits of the dispute, it will need to consider: (1) whether it has jurisdiction to hear the case, (2) what law to apply and (3) assuming English employment law applies, whether the claimant falls within the scope of the relevant provision. This article focuses on the third of these issues, in particular, the territorial scope of statutory English employment rights when employees are working abroad, and also seeks to show how the question of territorial scope interacts with the private international law issues which arise in international cases. "

" The globalisation of employment relationships means that the international aspects of employment law are important in an ever growing number of cases. In particular, international employment cases may raise issues relating to international jurisdiction, choice of law and territorial scope. Before the UK left the EU, directly effective EU Regulations regulating jurisdiction and choice of law provided the rules which are applied in a large number of cases. This article outlines the changes post-Brexit and the resulting overlapping regimes which now govern international employment cases. The choice of law rules in the Rome I Regulation and Rome II Regulation remain as part of retained EU law. International jurisdiction will now be governed entirely by national law rules. However, for cases in the High Court, the common law rules are amended to mirror the provisions which are previously applied under the Brussels I Regulation recast. Although in many cases the rules look the same, different principles of interpretation will apply, and, longer term, now that the rules are not binding as matter of EU there will be scope to amend and reform the rules."