Employment Law - Claims - Overseas Worker
Below is a MRR and PLR article in category Reference Education -> subcategory Legal.
Employment Law: Overseas Worker Claims
Summary
Do you have employees working outside the UK? Are you ensuring compliance with relevant laws?
Key Case: Saggar v Ministry of Defence (2005)
This case established that employees of British businesses, who are UK residents at recruitment or at any time during their employment, can bring discrimination claims in the UK. This is valid even if they perform no duties in Britain after moving abroad.
Case Background:
Lieutenant Colonel Surinder Nath Saggar, after 16 years at a Ministry of Defence base in Britain, was stationed in Cyprus from 1998. He claimed race discrimination while in Cyprus.
Initial Tribunal Decision:
The Employment Tribunal ruled that Saggar worked entirely outside Britain and couldn't file a race discrimination claim in the UK. He appealed to the Employment Appeals Tribunal (EAT).
EAT Decision:
The EAT dismissed the appeal, stating:
- To succeed, the tribunal would need to consider Saggar's entire employment history from 1982, which it deemed "absurd."
- Following the Court of Appeal's decision in Carver v Saudi Arabian Airlines (1999), the jurisdiction for claims requires assessing if the claimant was mainly working in Great Britain at the discrimination time.
- At the alleged discrimination time, Saggar worked entirely in Cyprus.
Court of Appeal Outcome:
The Court of Appeal decided:
- The relevant period for determining if a claimant worked mainly outside Great Britain is the entire employment duration.
- This aligns with s 8(1) of the Race Relations Act 1976.
- The ruling applies to all employees, including armed forces members who do not have a contract of service.
The case was sent back to a different tribunal to assess jurisdiction under the Court of Appeal's judgment.
Comment
This decision favors employees, allowing many stationed abroad to bring claims in the UK. Employers should comply with both local laws and English employment standards.
For more details, contact us at enquiries@rtcoopers.com
Disclaimer: This briefing note is not a complete legal statement and does not constitute legal advice. Seek specialist advice for specific circumstances.
RT COOPERS, 2005
You can find the original non-AI version of this article here: Employment Law - Claims - Overseas Worker.
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