The territorial scope of statutory employment rights
Produced in partnership with Edward Kemp of Littleton Chambers
The territorial scope of statutory employment rights

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

  • The territorial scope of statutory employment rights
  • Brexit impact
  • Initial considerations
  • An introduction to the issues
  • Lawson v Serco, Bleuse and the Posted Workers Directive: key principles
  • Lawson v Serco: background
  • Lawson v Serco: principles
  • Lawson v Serco: development of the principles
  • Lawson v Serco: application of principles
  • Lawson v Serco: application to key legislation
  • more

This Practice Note examines the territorial application, scope or reach of relevant applicable or mandatory law, ie how the courts and employment tribunals decide what statutory rights (if any) an employee who works abroad and/or has a foreign employer has.

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