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New approaches to territoriality in employment law

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Article
H

Merrett, Louise

Industrial Law Journal

2015

44

1

March

53-74

case law ; jurisdiction ; labour law ; territory

United Kingdom

Law

http://dx.doi.org/10.1093/indlaw/dwu030

English

"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."

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