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5 National Jurisdiction Rules in Employment Cases

From: Employment Contracts and Private International Law (2nd Edition)

Louise Merrett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 April 2024

Jurisdictional agreements and the common law — Employment contracts — Jurisdiction and the English courts — Jurisdiction over contracts of employment — Employment

This chapter focuses on the role of national jurisdiction rules in employment cases. Following the UK's departure from the EU, the European jurisdiction rules which previously governed international jurisdiction in European cases no longer apply. Jurisdiction in all cases is now determined by national rules. The doctrine of forum conveniens plays a crucial role in common law jurisdictions. By contrast to the rigid rules which apply under the Brussels I Regulation, the adjudicatory discretion given to courts at common law allows them to ensure that each case is heard in the most appropriate forum. In employment cases, that forum is usually where the work is carried out. It has been suggested that stays on grounds of forum conveniens should not be possible in the case of statutory employment claims in employment tribunals. However, there is clearly jurisdiction to order such a stay, and, provided there is a remedy available in another more appropriate forum, there is no reason why proceedings should not take place in that forum.

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