At the Tribunal | |
Before
HIS HONOUR JUDGE J BURKE QC
(SITTING ALONE)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Transcript of Proceedings
For the Appellant | MS D CLIFFE (Representative - Wife) |
For the Respondent | MR N SIDDALL (Of Counsel) Instructed by: Messrs Halliwells Solicitors 1 Threadneedle Street London EC2R 8AW |
Topic numbers: 11A, 8C, 8W
The Tribunal decided that there was no jurisdiction to hear the employee's unfair dismissal claim because he did not have employment in Britain, per the Court of Appeal in Lawson v Serco. In the light of the House of Lords decision, appeal allowed and issue remitted to same Tribunal which is to decide whether further evidence should be admitted. The employers argued that the employee was estopped or barred from relying upon the law as set out by the House of Lords because he had (as they had) chosen not to accept the offer of an adjournment until the House of Lords made their decision (15 months!). That argument was rejected.
HIS HONOUR JUDGE BURKE QC
The nature of this Appeal
The Preliminary Point
The Substantive Issues
"I have reached the conclusion that for the purpose of the unfair dismissal jurisdiction under section 91 the Claimant was not employed in Great Britain and therefore the Tribunal has no jurisdiction to consider the unfair dismissal claim."
The Remission