Ed Kemp and Grahame Anderson appeared in the Court of Appeal for the appellant, Mr Green (the appeal in Green v SIG Trading Limited was heard alongside British Council v Jeffery over two days in May 2018 before Underhill, Longmore and Peter Jackson LJJ ( EWCA Civ 2253) in an important case considering the territorial reach of the whistleblowing protections contained in the Employment Rights Act 1996. Ed and Grahame were instructed in the appeal by Deborah Casale and Colin Davidson of Slater and Gordon.
The general rule is that a person living and working abroad – even if British and working for a British employer – is subject to the employment law of the country she works in. There are some circumstances in which that general rule can be dislodged. This Underhill LJ calls the “sufficient connection question”. That question has given rise to a substantial volume of high authority, none of it entirely satisfactory.
In Green, the Court of Appeal considered the following important issues in this area:
The Court dismissed the appeal in Green and upheld the Respondent’s cross appeal.
The case will be of significant interest to employment lawyers, in particular on the vexed question of the territorial scope of employment legislation. CLICK HERE to link to a copy of the judgment.
Ed and Grahame frequently speak to firms on these and other questions. If you would like to organise a talk, please don’t hesitate to contact the clerks on 02077978600.