Territorial extent and scope of the Equality Act 2010
Produced in partnership with Edward Kemp of Littleton Chambers
Territorial extent and scope of the Equality Act 2010

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

  • Territorial extent and scope of the Equality Act 2010
  • Brexit impact
  • Introduction to territorial extent and scope
  • Territorial extent
  • Territorial scope
  • Territorial application: employment and events in England, Wales and Scotland
  • Territorial scope—working on ships or hovercraft, and seafarers
  • Territorial scope—offshore work
  • Territorial scope—Lawson v Serco principles
  • Territorial scope—Bleuse principles
  • more

STOP PRESS: The full impact of the UK’s decision to withdraw from the EU remains to be established and the EU and UK domestic legal landscape will continue to change throughout the Brexit process. We will review our content regularly during the withdrawal period. In the meantime, for background reading, links to related guidance and policy documents and the latest analysis, please refer to the Brexit toolkit.

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:

  1. what are the employee’s rights?

  2. where should any litigation that may ultimately arise be adjudicated?

In determining these questions, three main issues arise:

  1. applicable law, ie which system of law is applicable to the contract of employment under consideration?

  2. international jurisdiction, ie whose courts and/or tribunals should decide the case?

  3. 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:

    1. purely domestic law rights, and

    2. rights derived from EU law

For information:

  1. on applicable law, see Practice Note: Applicable law—which system of law applies to the contract or employment relationship

  2. on international jurisdiction, ie whose courts and/or tribunals should decide the case, see Practice Note: International jurisdiction—allocating employment