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 practice 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
  • Overview of effect of IP completion day
  • Status of this Practice Note
  • Jurisdiction for proceedings instituted 1 January 2021 onwards
  • Jurisdiction issues in the employment context
  • An introduction to the issues—the correct forum
  • Posted workers
  • The effect of Brussels I (recast) in relation to employment cases
  • Brussels I (recast) compared to Brussels I
  • 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, for use when determining jurisdiction when the proceedings are instituted on or before 31 December 2020.

For a summary of the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982), which determine jurisdiction for proceedings instituted from 1 January 2021 onwards, see the subsection entitled ‘Jurisdiction for proceedings instituted 1 January 2021 onwards’ in the section Brexit impact, immediately below.

Brexit impact

From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the October Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK had to 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 (CJEU).

The repeal of the European Communities Act 1972, effective on

Popular documents