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Unfair dismissal rights apply abroad if strongest connection is with GB (News, 20 July 2011)

Unfair dismissal rights apply abroad if strongest connection is with GB (News, 20 July 2011)
Published on: 20 July 2011
Published by: LexisPSL
  • Unfair dismissal rights apply abroad if strongest connection is with GB (News, 20 July 2011)
  • Comment
  • Serco categories: exhaustive or not?
  • Scope of unfair dismissal rights

Article summary

The principle in Lawson v Serco extends unfair dismissal rights to employees who are working or based abroad where the employment has a much stronger connection both with Great Britain and with British employment law than with any other system of law, and it is a mistake, when deciding whether a claimant has such rights, to try to make his employment circumstances fit one of Lord Hoffmann's examples given in that case, for they are merely examples of the application of the general principle, and, applying that principle, it follows that teachers employed by the Secretary of State to work in European Schools do enjoy unfair dismissal protection because (1) they were employed by the British Government, (2) they had contracts governed by English law, which gives at least an expectation of protection, (3) they worked in international enclaves having no particular connection with the countries in which they are situated, and were there because of commitments undertaken by the British Government, and (4) it would be anomalous for a teacher employed at a European School in England to have different protection from one employed in the same sort of school in a different country, according to the Supreme Court in Duncombe v SoS for Children, Schools and Families (No.2). or take a trial to read the full analysis.

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