In what circumstances can you claim unfair dismissal etc. if dismissed while working abroad?

This is especially important where the place you work (or the several places) offer no such protection. This question has troubled us until 2006 when we thought the House of Lords had resolved things with a case called Lawson v Serco. This lays out 3 potential classes of employees who can still use English remedies – British enclave; overseas posting; and “strong” UK connections.

In 2006 we won a significant case on behalf of an IT worker posted to various overseas contracts, arguing Lawson. Owing to his time spent in various jurisdictions he would not have accrued any rights outside of his UK “base”.

 

But recent experience shows others have not been so lucky. Statistical evidence suggests that most claims by those working abroad are failing. In Hughes v Dick, 2009 a UK ex pat working for an overseas branch of a UK registered company and fired by the UK head office was found to have insufficient connection with UK to bring a claim in the UK. One client we advised had been made to resign before accepting an overseas post. Our advice is to be pre-armed. If you are about to be seconded take advice and have your secondment terms checked out before its too late.

 

For further information or advice on this, or any other employment issue, please contact Dale Langley on 0207 464 8433 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it