LIST OF CASES / Crofts & ors v Cathay Pacific Airways Ltd CA 2005

[2005] EWCA Civ 599, Court of Appeal on 19th May 2005, reported at [2005] ICR 1436 (also at [2005 IRLR 624)

NOTES

Crofts & Ors v Cathay Pacific Airways Ltd & Ors, [2005] EWCA Civ 599 on 19th May 2005, reported at [2005] ICR 1436 (also at [2005] IRLR 624).

The full text of this judgment is available free of charge on the BAILII website.

Representation:

David Griffith-Jones QC and Joanna Heal instructed by Messrs Simpson Millar for the pilots, the Appellants

Christopher Jeans QC and Anya Proops instructed by Messrs Eversheds for the airline respondent

Authority for the proposition that:-

although employment tribunals only have jurisdiction if the employment concerned is in Great Britain, this can mean that they do have jurisdiction to hear cases brought by employees such as airline pilots who spend most of their working time abroad but whose base is in Great Britain. Nevertheless this "base of employment" test, while it can help to throw light on the question of whether employment is in Great Britain, is not sufficient on its own to answer the question.

editor's note:-
This case went to the House of Lords on 26th January 2006. The employer lost - see notes at Crofts & ors v Cathay Pacific Airways Ltd HL 2006 UKHL 3.

For relevant general notes see Unfair dismissal/work ordinarily outside Gt Britain and/or Employment tribunals/jurisdiction of .

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prepared June2005