Catherine Taylor

This Practice Note examines key procedural issues that may arise in the High Court in relation to cross-border litigation in an employment context, including the scope for an injunction to restrain proceedings in other jurisdictions (anti-suit injunction), service of proceedings out of the jurisdiction, and security for costs.

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.

This Checklist provides an overview of the questions to be asked when determining which system of law is applicable to a contract of employment or employment relationship (applicable law), whose courts and/or tribunals should decide an employment case (jurisdiction) and how the courts and employment tribunals decide what statutory rights, if any, are held by an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights). It provides links to relevant Practice Notes and Flowcharts.

This Flowchart provides an overview of the questions to be asked when determining whose courts and/or tribunals should decide an employment case (jurisdiction), with links to other relevant Checklists and Practice Notes. It is for use where the proceedings are instituted on or after 1 January 2021.