Claimant v Elekta Ltd
Outcome
Individual claims
The tribunal found it had no territorial jurisdiction to hear the claim. The claimant was an Egyptian national, living and working exclusively in Egypt, employed by Elekta Egypt LLC (not the UK respondent), with his contract governed by Egyptian law. He had no sufficiently strong connection with Great Britain or British employment law to displace the presumption that claims brought by workers wholly abroad cannot proceed in the UK Employment Tribunal.
The tribunal found it had no territorial jurisdiction to hear the claim for the same reasons as the race discrimination claim: the claimant lived and worked wholly in Egypt, was employed under Egyptian law, and had no sufficiently strong connection with Great Britain or British employment law.
The tribunal found it had no territorial jurisdiction to hear the victimisation claim. Additionally, the tribunal found the claimant had no legal basis under the Equality Act 2010 to bring claims against the first respondent (who did not employ him) or against the two individual respondents (former HR employees of the first respondent).
The tribunal found it had no territorial jurisdiction to hear the harassment claim, applying the same reasoning as to all other claims: lack of connection with Great Britain and British employment law.
Facts
The claimant, an Egyptian national, worked as an engineer for Elekta Egypt LLC from June 2021 to July 2024, living and working exclusively in Egypt. His contract was governed by Egyptian law and he was paid in Egyptian Pounds. He brought claims of race and age discrimination, victimisation, and harassment against Elekta Ltd (a UK company that did not employ him) and two of its former HR employees. The respondents argued the tribunal had no territorial jurisdiction.
Decision
The tribunal dismissed all claims for lack of territorial jurisdiction. The claimant had no sufficiently strong connection with Great Britain or British employment law to displace the presumption that workers living and working wholly abroad cannot bring claims in the UK Employment Tribunal. Additionally, the tribunal found the claimant had no legal basis under the Equality Act 2010 to bring claims against a company that did not employ him or against individual employees of that company.
Practical note
A claimant who lives and works exclusively abroad under a foreign employment contract governed by foreign law will not establish territorial jurisdiction in the UK Employment Tribunal, even if HR escalation processes involve UK-based staff or the employer is part of a multinational group with a UK presence.
Legal authorities cited
Statutes
Case details
- Case number
- 2308959/2024
- Decision date
- 25 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Elekta Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Engineer
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep