TUPE—transnational transfers

Brexit impact

This Practice Note contains information on subjects impacted by the UK’s withdrawal from the EU. For preliminary reading on the impact of Brexit on this subject area, see Practice Note: Brexit—implications for employment law—Impact on TUPE.

Further guidance and materials on the legal terms and impact of Brexit are available in our Brexit toolkit. You may find it useful to refer to this material before continuing your research.

Initial considerations

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