Cross-border employment disputes—key procedural issues in High Court litigation
Produced in partnership with Edward Kemp of Littleton Chambers
Cross-border employment disputes—key procedural issues in High Court litigation

The following Employment guidance note Produced in partnership with Edward Kemp of Littleton Chambers provides comprehensive and up to date legal information covering:

  • Cross-border employment disputes—key procedural issues in High Court litigation
  • Brexit impact
  • Initial considerations
  • Anti-suit injunctions in the employment context
  • Service of proceedings out of the jurisdiction
  • Security for costs

This Practice Note examines key procedural issues that may arise in the High Court in relation to cross-border litigation in an employment context.

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the transitional arrangements provided in Part 4 of the October 2019 Withdrawal Agreement, the UK has entered an implementation period. During this period, the UK continues to be treated by the EU as a Member State for many purposes. While it will not participate in the political institutions and governance structures of the EU, the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union, in accordance with the October 2019 Withdrawal Agreement.

The repeal of the European Communities Act 1972, effective on exit day, is subject to specific savings provisions to allow for the operation of the implementation period in UK domestic law. Key provisions of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and associated Brexit-related legislation (including Brexit SIs), are amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) where required to reflect the transitional arrangements. This includes deferring the adoption of retained EU law and commencement