Catherine Taylor

This Practice Note examines how to determine which system of law is applicable to a contract of employment or employment relationship. It provides an overview of the Rome Convention and Rome I, which are now assimilated EU law. It then examines the key employment-specific provisions in Rome I, now Assimilated Rome I, how to determine which law applies, the ‘habitual place of work’ test, the ‘closer connection’ test, non-derogable provisions, overriding mandatory provisions, public policy issues and who should apply the applicable law. It also provides an overview of Rome II, now Assimilated Rome II, and its application in the employment context.

This Practice Note considers the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982), which determine the question of international jurisdiction in relation to employment proceedings instituted on or after 1 January 2021. The Practice Note examines the scheme and application of CJJA 1982 in relation to employment cases, the gateways for claims brought by employee: employer domiciled in the UK, employee habitually carrying out work in the UK, and the place in the UK where the business engaged the employee. Co-defendants and claims by employers are considered. The issue of submission to the jurisdiction, jurisdiction agreements, stay of proceedings and anti-suit injunctions are also explained.

This Practice Note examines the territorial extent and application (or scope) of the Equality Act 2010 (EqA 2010). It considers the provisions of EqA 2010 in relation to territorial extent, territorial scope, ships, hovercraft, seafarers and to offshore work. It also examines the relevant principles in relation to scope, including Lawson v Serco and Bleuse, and other relevant case law.

This Practice Note examines the territorial application, scope or reach of relevant applicable or mandatory law, ie how the courts and employment tribunals decide what statutory rights (if any) an employee who works abroad and/or has a foreign employer has. It considers the principles in Lawson v Serco and Bleuse, including the sufficiency or strength of the connection test (between the circumstances of the employment and Great Britain and British employment law), the background to those principles and how they are applied. It also considers the Posted Workers Directive.