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Duncombe & ors v DfES (now DCSF) (now the Dep't for Children, Schools and Families) - Foreign element and jurisdiction of tribunals [2008] EAT

Mr Duncombe and 6 others were teachers employed directly by the Department for Education to work abroad in European Schools under fixed-term contracts. They brought claims of unfair dismissal and breach of contract on expiry of their contracts. The contracts were expressed to be governed by English law and provided for the English courts to have exclusive jurisdiction.

Applying normal rules, as established by the House of Lords in Lawson v Serco in 2006, an employment tribunal held that it had no jurisdiction to hear the claims as the teachers worked abroad. The teachers appealed.

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