Claimant v Debrett's Education Limited
Outcome
Individual claims
The tribunal concluded that the Employment Tribunal of England and Wales did not have jurisdiction to hear the claim. The claimant habitually carried out work in Kinshasa, Democratic Republic of Congo, and the contract was more closely connected with the DRC. England was not the proper forum and the claim was dismissed on the ground of forum non conveniens.
Facts
The claimant, a South African national, was recruited by the UK-based respondent to tutor a family's children in Kinshasa, Democratic Republic of Congo. He worked there from December 2023 to October 2024, apart from a three-week visit to the UK. He was paid in pounds sterling without deductions and paid tax in South Africa. He was given one month's notice and claimed wrongful dismissal for the full contract duration to July 2025. The contract was silent on applicable law.
Decision
The tribunal dismissed the claim for lack of jurisdiction. It found that while the tribunal had international jurisdiction, the claimant habitually worked in Kinshasa, the contract was governed by DRC law, and the circumstances as a whole showed closer connection with the DRC. Applying forum non conveniens principles, England was not the appropriate forum to hear the claim.
Practical note
Employment tribunals can decline jurisdiction over breach of contract claims on forum non conveniens grounds even where international jurisdiction exists, particularly where the claimant habitually worked abroad and the contract is more closely connected with another jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6018986/2024
- Decision date
- 30 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Private tutor to the Beebee family children
- Service
- 10 months
Claimant representation
- Represented
- No