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Whether whistleblowing provisions applied exraterritorially - Foreign and Commonwealth Office v Bamieh [CA] 09.05.19 (Unreported)

The "whistleblowing" provisions contained in the Employment Rights Act 1996 s.47B(1A) did not apply extraterritorially in respect of a claim between co-workers seconded to the international European Union Rule of Law Mission in Kosovo (EULEX), in circumstances where each was separately employed by the Foreign and Commonwealth Office. The centre of gravity of the relevant relationship between the co-workers was to be found in the performance of their EULEX roles, rather than their underlying contracts of employment. That relationship was not within the legislative grasp of s.47B(1A).
Category: Employment » Tribunal procedure; Whistleblowing. Keyword(s): Foreign and Commonwealth Office. Area(s) of law: Employment; Public Sector; Litigation.
Source: [2019] EWCA Civ 803.

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