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British Council v Jeffery [CA] 16.10.18 (Unreported)

The question whether an overseas worker's employment had sufficient connection with Britain and British employment law, so that the employment tribunal had jurisdiction to entertain a claim under the Employment Rights Act 1996 s.94(1), was an evaluative judgment to be made on the basis of the underlying facts, with which the appeal court would not interfere unless the first-instance tribunal had taken into account matters it should not have taken into account or failed to take into account matters it should have or made some error or was wrong. In that way the decisions in Lawson v Serco Ltd [2006] UKHL 3, [2006] 1 All E.R. 823, [2006] C.L.Y. 1390 and Ravat v Halliburton Manufacturing & Services Ltd [2012] UKSC 1, [2012] 2 All E.R. 905, [2012] C.L.Y. 1176 could be reconciled. Outcome: Appeals dismissed, cross-appeal in second appeal allowed.
Category: Employment » Dismissal; Tribunal procedure. Keyword(s): Conflict of laws, Jurisdiction. Area(s) of law: Employment.
Source: [2018] EWCA Civ 2253.

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