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Dhunna v Creditsights Ltd - Jurisdiction and connection to GB for unfair dismissal purposes [2013] EAT

Jurisdiction: where employee works wholly abroad, the question is whether his connection to GB is stronger than where he performs his work

This case is an appeal against a ET decision that Mr Dhunna did not have jurisdiction to bring claims of unfair dismissal and breach of section 10 ERA 1999. Creditsights cross appealed against the decision that the ET had jurisdiction to hear his claim for accrrued holiday pay under the Working Time Regulations. Whilst the Employment Rights Act 1996 ('ERA') and the ERA 1999 contain no statutory territorial limitations on the right to claim unfair dismissal under ERA section 94 and to be accompanied at a disciplinary hearing under ERA 1999 section 10, as was observed by Lord Hope in Ravat v Halliburton Manufacturing and Services Ltd [2012] ICR 389 paragraph 4 "it is plain that some limitation must be implied". That limitation has been developed in the authorities.

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