Overview

The English Employment Appeal Tribunal recently held in Pervez v Macquarie Bank (2010) that a Hong Kong employee seconded to work in England can bring statutory claims in the English Employment Tribunal against a Hong Kong employer.

To bring a statutory employment claim in England, the defendant must either reside or carry on business in England. Here the acts complained of took place in Hong Kong, so there would only be jurisdiction if Macquarie Bank Hong Kong "carried on business" in England. As it did not have an office or branch, nor carry on any transactions, in England, it therefore argued that it should not be viewed as "carrying on business" in England.

The Appeal Tribunal held that the Tribunal did have jurisdiction to entertain claims against Macquarie Bank Hong Kong as the requirement to "carry on business" in England should be construed as satisfied where an employer seconds an employee to work in England.

Herbert Smith discusses the judgement and implications of the case.

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