What a Carry On...

Originally published December 17, 2010

Keywords: employment law, employment, statutory rights

In our "All Abroad" update of September 2010, we identified a trend by the courts in England to extend the territorial reach of English employment law when the employment right derives from a European Directive or Article.

In order to enforce employment rights in England, an employee needs to demonstrate that two tests are met. First, the employee must show that the legislation covers his or her particular situation. The All Aboard article explained that the courts are willing to apply English statutory rights to individuals living and working abroad in some circumstances. Secondly, the individual must demonstrate that the employer carries on business in the United Kingdom to give the English employment courts jurisdiction to deal with the matter under the Employment Tribunals (Constitution of Rules of Procedure) Regulations 2004 (the "Regulations"). Having been