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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- 2 Employment in National Law
- 3 The Meaning of Employment from a Private International Perspective
- 4 Jurisdiction under the Brussels I Regulation Recast
- Preliminary Material
- A Introduction
- B Jurisdictional Regimes: When do the Brussels I Regulation Recast Rules on Jurisdiction Apply?
- C Special Jurisdictional Rules in Employment Cases
- D The Special Rules for Employment Contracts in Section 5 of the Brussels I Regulation Recast
- (1) The brussels I regulation rules on employment: when do the rules in section 5 apply?
- 4.58
- The meaning of ‘individual contract of employment’
- ‘Matters relating to’ a contract of employment
- Claims to enforce express contractual terms
- Claims to enforce statutory employment rights
- Concurrent claims: accidents at work
- Concurrent claims: claims brought against employees
- Claims relating to employment contracts which are not entered into
- Claims under ancillary agreements
- (2) Jurisdiction in claims by employees
- (3) Claims by employers against employees
- (4) Jurisdiction agreements in employment cases
- (1) The brussels I regulation rules on employment: when do the rules in section 5 apply?
- E Article 7(5): Branch, Agency, or Other Establishment
- F Reliance on Other Grounds of Jurisdiction in Employment Cases
- G Lis Alibi Pendens
- H Conclusions
- 5 National Jurisdiction Rules in Employment Cases
- Preliminary Material
- A Introduction
- B Service of Proceedings in Common Law Cases
- 5.06
- (1) Common law rules on service of proceedings: service as of right
- (2) Jurisdiction in employment cases
- 5.14
- 5.15
- 5.16
- Claims brought by employees
- Jurisdiction based on domicile
- Jurisdiction where the employee habitually worked in the United Kingdom
- Jurisdiction where the employee was engaged in the United Kingdom
- Other grounds of jurisdiction open to employees
- Claims brought by employers
- Jurisdiction agreements in employment cases
- (3) Service outside the jurisdiction with the permission of the court
- C Jurisdiction in Employment Tribunals
- D The Court’s Adjudicatory Discretion: Forum Non Conveniens in Employment Cases at Common Law
- E Forum Non Conveniens in Employment Cases
- F Conclusions
- 6 Choice of Law
- Preliminary Material
- A Introduction
- B Historical Development of Choice of law Rules in Employment Cases
- (1) Choice of law in employment cases at common law
- (2) Employment contracts under the Rome Convention
- (3) Commission Green Paper on turning the Rome Convention into a Regulation
- (4) The Rome I Regulation rules on employment contracts
- (5) The rome I regulation as retained EU law
- C The Scope of the Rome I Regulation Rules on Employment Contracts
- D Article 3: Express and Implied Choice of Law
- E Article 8(2): Applicable Law in the Absence of Choice
- F Article 8(4): Displacement of the Presumptions
- G The Continued Application of Mandatory Rules
- H Choice of Law in Non-Contractual Claims
- I Longer-Term Implications and Policy Considerations Post Brexit
- J Conclusions
- 7 Mandatory Rules in Employment Cases
- Preliminary Material
- A Introduction
- B Mandatory Rules and Public Policy in Private International Law
- C Mandatory Rules in the Rome Convention
- D Mandatory Rules in the Rome I Regulation Recast
- E Overriding Mandatory Rules in English Employment Legislation
- F Conclusions
- 8 The Territorial Scope of English Employment Legislation
- Preliminary Material
- A Introduction
- B The Territorial Limits of Unfair Dismissal: The Principles in Lawson v Serco
- C Sufficiently Strong Connection to Great Britain and British Employment Law
- D The application of Lawsonv Serco principles to other Employment Rights
- E The Application of Lawson v Serco Principles to Anti-Discrimination Legislation
- F The Application of Lawson v Serco Principles to Employment Rights Derived from European Law
- G The Application of Lawson v Serco Principles to ‘Fundamental’ Employment Rights
- H Territorial Scope: A Question of Fact or Law
- I Conclusions
- 9 The Cross-Border Enforcement of Claims Against Employees
- Preliminary Material
- A Introduction
- B Employees’ Obligations in English Law
- C Private International Law and Claims Against Employees
- D Remedies and the Availability of Injunctive Relief in International Cases
- E Conclusions
- 10 Conclusions
- Further Material