Overview

An employee who worked in Libya on a 28 day on, 28 day off basis can bring a claim for unfair dismissal in the employment tribunal. So held the Supreme Court in Ravat v Halliburton Manufacturing and Services Ltd, the latest case on the territorial limits of British employment law.

The Supreme Court held that while it was the general rule that an employee had to work in Great Britain to bring a claim under the Employment Rights Act 1996, there were exceptional cases where the territorial limits would be wider than this. In this case, the court came to this decision because the employee and the employment had a stronger connection with British than with any other law.

Whether this was the case would be a question of fact and degree in every case. This new test is simpler in theory, but may catch many more overseas employees in practice, than the previous regime.

In this briefing, Wragge & Co's employment team offer an analysis of the case as well as a series of action points which provide more guidance on what to do in the light of the Supreme Court's judgment.

Click 'View Briefing' to learn more.