International jurisdiction—allocating employment cases between national courts and tribunals
Produced in partnership with Edward Kemp of Littleton Chambers
International jurisdiction—allocating employment cases between national courts and tribunals

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

  • International jurisdiction—allocating employment cases between national courts and tribunals
  • Brexit impact
  • Jurisdiction issues in the employment context
  • An introduction to the issues—the correct forum
  • The effect of Brussels I (recast) in relation to employment cases
  • Brussels I (recast)—when the employment provisions (Section 5) apply
  • Brussels I (recast)—routes to establishing jurisdiction where employment-specific provisions apply
  • Jurisdiction under Limb A: domicile of the employer
  • Jurisdiction under Limb B: habitual place of work of employee
  • Jurisdiction under Limb B: place of business which engaged the employee
  • more

This Practice Note considers the question of international jurisdiction in relation to employment disputes, ie whose courts and/or tribunals should decide an employment case where either the employee works abroad or there is a foreign employer.

Brexit impact

The law as set out in this Practice Note will be affected by Brexit. This impact is outlined in the section entitled The impact of Brexit below.

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