The following Employment practice note produced in partnership with Edward Kemp of Littleton Chambers provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.
Where a dispute or claim arises in respect of an employee who works wholly or partly abroad and/or has a foreign employer, two questions will need to be determined:
what are the employee’s rights?
where should any litigation that may ultimately arise be adjudicated?
In determining these questions, three main issues arise:
applicable law, ie which system of law is applicable to the contract of employment under consideration?
international jurisdiction, ie whose courts and/or tribunals should decide the case?
the territorial scope of relevant applicable or mandatory law, ie how the courts and employment tribunals decide what statutory rights (if any) the employee has, both in terms of:
purely domestic law rights, and
rights derived from EU law
on applicable law, see Practice Note: Applicable law—which system of law applies to the contract or employment relationship
on international jurisdiction, ie whose
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