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Employment Contracts and Private International Law (2nd Edition)

Louise Merrett


With employment contracts increasingly involving international elements, cases involving any international aspect require the application of rules of private international law to determine which court or tribunal can hear the case, and what law will be applied to determine the dispute. The Rome I and Rome II Regulations, and the Brussels I Regulation (BIR) all contain special regimes of rules for employment contracts, which have remained applicable in the UK following Brexit. This new edition includes an updated treatment of both the Rome Regulations, and a detailed chapter analysing the rules contained in the BIR recast, which replaced the Brussels I Regulation in 2015. The book offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explores their rationale to provide a better understanding of each. It deals with the common law rules on jurisdiction and emphasises how those rules are likely to apply in an employment context. The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty. Each chapter is usefully concluded in sections which summarise the analysis and scope of the coverage. The book is a timely new edition in view of the twin challenges of the post-Brexit legal landscape and the rapid evolution of our understanding of the workplace as a result of technological advances and the COVID-19 pandemic.

Bibliographic Information

Louise Merrett, author

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