UK Supreme Court Ruling Protects Expat's Rights

The UK Supreme Court has ruled that employees of UK companies who have worked outside the UK could raise a claim of ‘unfair dismissal’ in a UK employment tribunal

London, UK (Pryce Warner International) March 2nd, 2012 - The final ruling of the Supreme Court stated that the employee (who worked outside the UK) has the right to file a case of unfair dismissal in the UK, owing to their “substantial connection” to the United Kingdom.

The decision raises potentially far reaching and significant new implications for companies that employ UK expats.

gavel

The case concerned Ravat v Halliburton Manufacturing and Services Limited [2012] UKSC 1).  Ravat, a British citizen, lived in the UK and was employed by a UK subsidiary for the Halliburton group of companies. Since 2003, Ravat had been working on a rotational basis with 28 days in Libya and 28 days of leave in the UK. At the time of dismissal Ravat was working in Libya.  His circumstances and the final decision bring clarity to the “substantial connection” clause for unfair dismissal cases in the private sector.

Even though the employee worked outside the UK, it was determined that he could file a case of unfair dismissal in a UK employment tribunal due to his “substantial connection”.  This may now set a precedent for British Expats worldwide to be able to challenge any cases on unfair dismissal in a UK court, meaning Expat's employment rights will potentially have an added layer of protection.

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By Aneil Fatania
Financial Editor
Pryce Warner International Group

For any corrections of factual information contained within our news items please contact our editor.
Email: af@prycewarner.com
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