Jurisdiction Issues in Employment Law
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- Download it here [file size: 29.2 MB]
- Categories:
-
Employment Law
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast aims to give the listener an overview of the issues of jurisdiction relating to claims under the Employment Rights act 1996 and discrimination legislation. It looks at recent cases which have applied Lord Hoffman's leading judgement in Lawson v Serco, with a particular focus on the substantial connection test in Ravat v Halliburton. The podcast also examines cases which have redefined the position under EU law.
- Outcomes:
- After completing the course you will:
- Understand the three categories of employees under section 94(1) of the Employment Rights Act;
- Know how the courts have applied the Lawson v Serco principles;
- Be aware of the application of the "substantial connection" test in Ravat v Halliburton;
- Know how the law applies to employees not currently working at the time of dismissal;
- Be familiar with the case law exploring remedies under EU law;
- Understand how jurisdiction applies to discrimination claims Appreciate the effect of the Equality Act 2010.
- Level:
- Specialist
- Classification:
-
Case Update
Legal Principles
- Sources and References:
-
- Employment Rights Act 1996;
- Equality Act 2010;
- Financial Times Ltd v Bishop [2003] UKEAT 0147;
- Jackson v Ghost Ltd and Ghost Inc [2003] IRLR 824;
- Anderson v Stena Drilling PTE Ltd EATS/0080/04;
- Saggar v Ministry of Defence [2005] EWCA Civ 413; ICR 1073;
- Lawson v Serco [2006] ICR 250;
- Bleuse v MBT Transport Limited and Tiefenbacher UKEAT/0339/07;
- Hunt v United Airlines Inc UKEAT/0575/07;
- Williams v University of Nottingham [2007] IRLR 660;
- Ministry of Defence v Wallis and Grocott UKEAT/0546/08;
- Dolphin Drilling Personnel Pte Ltd v Winks and Dolphin Drilling Ltd [2009];
- Tradition Securities and Futures SA v X & Y [2009] IRLR 354;
- YKK Europe Limited v Mr M Heneghan UKEAT/0271/09;
- British Airways PLC v Mak & Ors [2010] EWCA Civ 596;
- Duncombe v Department of Education and Skills [2010] IRLR 331;
- Neary v Service Children's Education and others - [2010] All ER (D) 70 (Aug);
- Ravat v Halliburton Manufacturing and Services Ltd [2010] CSIH 52.
This podcast looks at recent cases on the territorial scope of the right to bring a claim of unfair dismissal and territorial jurisdiction in the context of discrimination claims.
Podcast last reviewed: 2011-11-30
