GFTU Emplaw Emplaw Emplaw

Fuller v United Healthcare Services Inc and another [2014] UKEAT/0464/13

Employee working in US and UK could not claim unfair dismissal and discrimination in UK

To bring a claim for unfair dismissal or under provisions in the Equality Act 2010 an employee will need to show that he falls within the territorial scope of the relevant legislation. The Employment Rights Act 1996 is silent on territorial scope and this has been defined by case law, in particular the House of Lords guidelines in Serco Limited v Lawson [2006] ICR 250. The Equality Act 2010 is also silent although the EHRC Code of Practice refers to the need for a sufficiently close link between the employment relationship and Great Britain. Case law suggests, however, that where domestic legislation emanates from EU law (as with discrimination legislation) the territorial scope should be construed widely so as to give effect to that EU law.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.