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The extra-territorial reach of employment legislation

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Article

Merrett, Louise

Industrial Law Journal

2010

39

4

December

355-381

case law ; labour law

United Kingdom

Law

English

"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. "

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