Employment tribunal jurisdiction: British Council employee working abroad
Sufficiently close connection
Case Jeffery v The British Council (2016) Morning Star, October 14, EAT
Facts J, a UK citizen, was employed by BC abroad for many years. His contract stated that it was governed by British law, his salary was paid in sterling, he was entitled to membership of the Civil Service Pension Scheme and his employment was pensionable. His salary was subject to a notional deduction for UK income tax. The teaching centre for which he was responsible was closed. He resigned and brought a number of claims in the employment tribunal. The employer argued that the tribunal had no jurisdiction to hear the claims. The tribunal dismissed the claims on the basis that J’s place of employment was abroad. J appealed to the EAT.
Decision 1. The appeal was allowed.
J had shown a sufficiently close connection with Great Britain and British law. There was a quite exceptional degree of connection