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8 The Territorial Scope of English Employment Legislation

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: 04 March 2024

Territorial Applications — Choice of law — Employment contracts — Jurisdiction and consent to English jurisdiction — Jurisdiction and procedural connection with England — Jurisdiction and subject matter connection with England — Jurisdiction and the English courts — Jurisdiction over contracts of employment — Jurisdiction

This chapter describes the territorial scope of the main English employment rights. Many of the international employment cases which come before courts or tribunals concern territorial scope. Because employment rights are often either expressly or impliedly overriding mandatory rules, they can be applied without consideration of the normal choice of law rules and often the only issue is whether the claimant falls within the territorial scope of the relevant rule. Moreover, the rules relating to territorial scope are themselves unclear. The chapter begins by looking at claims under the Employment Rights Act 1996, in particular the territorial limits which apply to a claim for unfair dismissal. It then addresses the question of whether the same limits apply to different rights under the Employment Rights Act 1996, and to rights under other employment legislation. Finally, the chapter considers the approach to rights based on European law and/or fundamental rights, particularly post-Brexit.

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