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 practice 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
  • 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
  • Standard case: working in Great Britain
  • Peripatetic employees
  • Expatriate employees
  • Lawson v Serco: development of the principles
  • More...

The territorial scope of statutory employment rights

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

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.

It has been updated to take account of the impact of Brexit and the end of the implementation period (IP) for the Withdrawal Agreement on IP completion day (11 pm on 31 December 2020) on this area of law.

This Practice Note contains references to case law of the CJEU. Broadly, EU judgments handed down on or before 31 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more

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