In Green v SIG Trading Ltd A2/2017/1650, the Court of Appeal (per Lord Justice Underhill) has granted Mr Green permission to appeal in this important case concerning the territorial reach of the whistleblowing provisions in the Employment Rights Act.
The case has been ordered to be heard with Jeffery v The British Council A2/2016/3797 ( IRLR 935, EAT) and is listed to be heard over two days from 15th-16th May 2018.
The issues in Mr Green’s appeal concern: (i) the standard of review on appeal of the territorial scope of the Act; (ii) the proper application of the posted worker exception in Lawson v Serco; and, (iii) whether Article 10 ECHR requires a different test of territorial reach of the whistleblowing provisions to be adopted.
Ed Kemp is leading Grahame Anderson in the Court of Appeal stage of the proceedings. Ed successfully represented Mr Green in the EAT on the standard of objectivity required by the comparative strength of connection test and the importance to be assigned to the English choice of law clause. The EAT decision (UKEAT/0282/16/DA) received widespread industry commentary both in the UK and overseas.
Ed and Grahame are instructed by Deborah Casale Acting Practice Group Leader (Employment), Slater and Gordon (UK) LLP.