Cases4111363/2021

Claimant v Stena Drilling PTE Limited

14 March 2025Before Employment Judge J M HendryScotlandremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The Tribunal found it had no international jurisdiction to hear the unfair dismissal claim. The claimant worked wholly outside Great Britain after August 2011, was engaged under a contract governed by Singapore law with a Singapore-based employer (Stena Drilling PTE Limited), and recruitment was ultimately controlled from Singapore, not the UK.

Discrimination Arising from Disability (s.15)(disability)struck out

The Tribunal found it had no international jurisdiction to hear the disability discrimination claim. Applying the same jurisdictional analysis as for unfair dismissal, the claimant's employment lacked sufficient connection to Great Britain, and SDHR in Aberdeen did not constitute a branch or agency through which the claimant was engaged.

Facts

The claimant, a British citizen working offshore on drilling vessels, was employed by Stena Drilling PTE Limited (a Singapore company) from July 2011 until his dismissal on capability grounds in October 2021. He worked internationally on UK-flagged vessels but had not worked in UK waters since August 2011, with his final assignments in the Bahamas. His contracts specified Singapore law. Recruitment was administered by Stena Drilling HR Ltd in Aberdeen, but contracts were concluded in Singapore.

Decision

The Tribunal found it had no international jurisdiction to hear either the unfair dismissal or disability discrimination claims. Although recruitment administration was handled in Aberdeen by SDHR, the Tribunal concluded that SDHR was not a branch, agency or establishment of the Singapore employer. The claimant was actually engaged by PTE in Singapore under the 2021 contract, and worked wholly outside Great Britain, so the claims were dismissed.

Practical note

For offshore workers employed by foreign companies, international jurisdiction turns on where the employee was genuinely engaged, not merely where recruitment administration took place; an HR services company in the UK acting under a services agreement does not constitute a branch or agency of the foreign employer for jurisdictional purposes.

Legal authorities cited

Autoclenz Ltd v Belcher [2011] UKSC 41Voogsgeerd v Navimer [2011] EUECJ C-384/10Lawson v Serco Ltd [2006] UKHL 3Ravat v Halliburton Manufacturing & Services Ltd [2012] UKSC 1Olsen v Gearbulk Services Ltd [2015] IRLR 818Somafer SA v Saar-Ferngas AG [1978] ECR 218Booth v Phillips [2004] EWHC 1437

Statutes

Employment Rights Act 1996 s.199(7)Equality Act 2010Civil Jurisdiction and Judgments Act 1982 s.15C

Case details

Case number
4111363/2021
Decision date
14 March 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
energy
Represented
Yes
Rep type
barrister

Employment details

Role
Junior Driller
Service
10 years

Claimant representation

Represented
Yes
Rep type
barrister