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Jurisdiction and Territorial Limitation

Key Points

  • Practitioners and an Employment Tribunal (“Tribunal”) are now often faced with situations where the employer (the Respondent) is located abroad, the worker works abroad (wholly or partly) and/or the applicable contracts of employment have jurisdiction/choice of law clauses. 
  • This card aims to outline the law as to a) whether a Tribunal has jurisdiction to hear any of the dispute and b) if so what law applies.
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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