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Employment Law
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to set out the circumstances by which a UK international employee is protected from unfair dismissal under the Employment Rights Act 1996 following the House of Lords decisions in Lawson v Serco [2006]. It sets out the three categories of employee identified by Lord Hoffman coming under the protection of the UK statute and the principle exceptions to the Lawson v Serco decision: posted workers, claims based on EU law rights, discrimination claims, TUPE and contractual claims.

After completing the course you will:
  • Understand what Lawson v Serco [2006] was about;
  • Be able to identify the 3 categories of employees coming within the protection of the Employment Rights Act 1996;
  • Be able to identify the principal exceptions to the Lawson v Serco decision;
  • Understand the principal exceptions.
Complex Difficulty: 4 of 5
Case Update
Sources and References:
  • Lawson v Serco Ltd & Other cases [2006] ICR 250;
  • Posted Workers Directive (96/71/EC);
  • Employment Rights Act 1996 s94, 196, 204, 230;
  • Contracts (Applicable Law) Act 1990;
  • Carver v Saudi Arabian Airlines [1999] ICR 991;
  • Jackson v Ghost Ltd [2003] IRLR 824;
  • Financial Times Ltd v Bishop UKEAT/0147/03;
  • Crofts and Others v Cathay Pacific Airways Ltd and Others [2005] ICR 1436;
  • Williams v University of Nottingham [2007] IRLR 660;
  • Bleuse v MBT Transport Limited [2008] ICR 488;
  • Duncombe and Others v Department for Education and Skills [2009] EWCA Civ 1355;
  • Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002;
  • Saggar v Ministry of Defence [2005] ICR 1073;
  • Hollis Metal Industries Limited v GMB and Another [2008] IRLR 187;
  • Transfer of Undertakings (Protection of Employment) Regulations 2006.

This podcast with Tom Linden QC of Matrix Chambers looks at the rights of UK employees dispatched by their employers to work abroad following the landmark House of Lords decision in Lawson v Serco [2006] ICR 250, the excepted categories of employees and the decision's relationship with other sources of employee rights.

Podcast added: 02/06/10

Podcast last reviewed: 2012-05-28

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