Cases2224555/2024

Claimant v Acumen International Media Limited

24 January 2025Before Tribunal Judge McGrade acting as an Employment JudgeLondon Centralremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The tribunal determined it did not have jurisdiction to hear the claim because the claimant worked wholly abroad and had not established a sufficiently strong connection to Great Britain or British employment law to afford him protection under the Employment Rights Act 1996.

Facts

The claimant, Aaron McNally, brought an employment claim against his employer Acumen International Media Limited. The tribunal heard a preliminary hearing over two days to determine whether it had jurisdiction. The claimant worked wholly abroad during his employment with the respondent company.

Decision

The tribunal found that while the respondent was the claimant's employer and the claim was in time, it dismissed the entire claim for lack of jurisdiction. The claimant had failed to establish a sufficiently strong connection to Great Britain or British employment law to be afforded protection under the Employment Rights Act 1996 because he worked wholly abroad.

Practical note

Employees who work wholly abroad must demonstrate a sufficiently strong connection to Great Britain to bring claims under UK employment legislation, regardless of who their employer is or where the employer is based.

Legal authorities cited

Statutes

Employment Rights Act 1996

Case details

Case number
2224555/2024
Decision date
24 January 2025
Hearing type
preliminary
Hearing days
2
Classification
contested

Respondent

Sector
media
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister