Claimant v MouldCAM Limited
Outcome
Individual claims
The tribunal determined at this preliminary hearing that it has jurisdiction to hear the unfair dismissal claim as the claimant's employment had sufficiently strong connections with Great Britain and British employment law. The substantive merits of the unfair dismissal claim have not yet been determined.
The tribunal determined that the unlawful deductions claim falls within the territorial scope of the Employment Rights Act 1996. The substantive merits of the claim have not yet been determined.
The tribunal determined it has jurisdiction to hear contractual claims (including notice pay) under the Extension of Jurisdiction Order as the respondent is domiciled in the UK and resides or carries on business in England and Wales. The substantive merits have not yet been determined.
The tribunal determined that the holiday pay claim under the Working Time Regulations 1998 falls within the territorial scope of those regulations, applying the same analysis as to the ERA claims. The substantive merits have not yet been determined.
The tribunal determined that the redundancy pay claim falls within the territorial scope of the Employment Rights Act 1996. The substantive merits have not yet been determined.
Facts
The claimant, a Danish national living in Denmark, was employed by a UK company as a sales manager from November 2018 to August 2022. He worked remotely from his home in Denmark, selling products to customers in Germany, the Netherlands and Denmark. The products were manufactured at the respondent's premises in Poole. He had frequent contact with colleagues in Poole and visited the UK three or four times during his employment. He was dismissed on performance grounds in August 2022.
Decision
The tribunal determined it has jurisdiction to hear all the claimant's claims. The employment tribunal is the appropriate forum for the contractual claims. The statutory claims under the ERA and WTR fall within the territorial scope of those provisions because the claimant's employment had sufficiently strong connections with Great Britain and British employment law, despite him living and working in Denmark.
Practical note
An employee working abroad for a UK employer may fall within the territorial scope of UK employment law if sufficiently integrated into the UK business operations, even where the employee is a foreign national living and working permanently abroad.
Legal authorities cited
Statutes
Case details
- Case number
- 1400577/2023
- Decision date
- 4 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- MouldCAM Limited
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Sales Manager
- Salary band
- £30,000–£40,000
- Service
- 4 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister